Wanting to let the house go away after all

[Billssuck]

Okay...in my case when my husband lost his job and found another making $1,000 less/mo than before, we modified our ch13 plan to surrender our house. A new expense schedule was done for rent vs mortgage and our ch13 payment didn't change due to loss of income and increasing tax withholdings for loss of the mortgage interest itemization on our taxes. Anyway, we owed taxes this year and used one month's mortgage to pay that with so it didn't have to be added to our plan. Just a week ago, our trustee approved our modification to surrender the house and our lawyer says it is now in the bank's hands to handle our house as a typical foreclosure. I haven't heard anything from them yet (missed two month's payments so far) so I assume they are working on getting the automatic stay lifted so that they can legally contact me about the foreclosure. Like you, our house was part of the ch13 plan but paid outside of the plan. When I first talked with my lawyer, he said that since we paid it outside of the plan that our ch13 case wouldn't get dismissed; only foreclosure would be pursued by the bank (also BOA). So far this has held up true since our trustee approved our modification to surrender the house but time will tell.