Right now, I have a foreclosure date set for January 4th. I have been working with Chase to try to get a mod and they only check my status once a week. Every week, they claim that I am missing a document and then this past week, they said my IRS form was not legible even though it clearly is! I'm afraid that they may not extend the foreclosure date since they say that all documents must be in the system before they can send the request to the lender. At the same time, it's Xmas time so a lot of people will be out of the office. Is it safe to file for chapter 13 on Jan 3rd, the day before foreclosure or would that be too late? I really want to save my home at all costs. Thanks!
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Why are you waiting until January 3rd?
Have you already consulted a lawyer?
I certainly wouldn't wait until the day of the sale, walk into a lawyer's office with a stack of papers, and expect to file that day. There are plenty of people in offices all over the country right now. I filed this time last year without a problem.
I don't think holding out until the day before the sale date is wise, although you can certainly do that, it just seems like quite a pain to wait until the last minute and a bit risky.
The short answer is yes, you can file Chapter 13 right up until the the time the house goes on the auction block. -
Well I prefer to not have to file BK because Chase claims that they can postpone the sale date while my file is awaiting a decision. There is only 2 weeks before the sale date and I'm holding off and calling them everyday to see if they will extend it. If not, I will probably file before new years I guess. It really has me worried though..Comment
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I was in the exact same situation last year. My mortgage sat in modification for months and in early December I was served with foreclosure papers. I gathered all the needed paperwork the week before Christmas and worked with my lawyer to get copies of old tax returns and things of that nature for about two weeks, I think the Chapter 13 was actually filed on the 27th or 28th.
Like I said, I'm not sure if you've already consulted a lawyer and signed documents. If you haven't, I would do it ASAP, do not wait until the 3rd to see a lawyer and sign papers.
I wouldn't count on Chase to accomplish much. I was told the same thing by US Bank. I called to ask them why they sent me into foreclosure when I've been waiting to sign modification paperwork for months and make a payment. They told me it didn't matter, after so long foreclosure proceedings start, but there was a possibility the modification could still be worked out before the foreclosure sale. If you truly want to keep your home, I just don't think I would cut it down to the wire and let a big bank make that decision.
Filing Chapter 13 was much easier (and a huge relief) compared to the months I sat around wandering what the heck US Bank was going to do with my mortgage.Comment
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Dam it really pisses me off that banks can get away with things like this. They been stringing me along for months now and now I'm stuck. At this point its looking like chapter 13 is the only way.Comment
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