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Plan Confirmed-Mortgage Relief Available?

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    Plan Confirmed-Mortgage Relief Available?

    My plan was confirmed last month, which included a lien strip of Wells Fargo. I've been on umemployment for several months now, but have child support and other means of money coming in, so I've been current on all my monthly expenses including my mortgage. However, my mortgage, with Bank of America, allows for a deferrement of payments during a time of unemployment. I would like to take advantage of this program so that I can (finally) set aside some funds for emergency.

    Would such a program show me as being in default on my mortgage, which I understand is the ONLY thing you cannot do in Chapter 13. Would this cause my BK to be closed/voided/dismissed? Does the bank notify the trustee if I use that option?

    Thanks for your help!!!

    In California

    #2
    The pitfall I see is that the trustee would see the skipped payments as more disposable income and want it for the unsecured creditors. (Especially since you are current on all your payments while you are unemployed). Make sure you run this by your attorney before you do anything.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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