top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Paymnet increase after home surrender?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Paymnet increase after home surrender?

    I am planning to file Chapter 13 with the hope that I can strip my second mortgage. If I can strip the lien, I will be able to keep the house. If I cannot strip the lien (the value may not be low enough), I will not be able to afford to keep the house.

    Q1. If I am unable to strip the lien, and I change my intention about the house, and surrender it after the plan is confirmed, WILL MY PLAN PAYMENT INCREASE? Do I have to modify my plan?

    Q2. If I surrender my home will the definnciny be discharged after 5 years?

    Q3. Do I have to pay my car payment inside the plan (less than 1 year old)?

    Thank you in advance for you help!!! This is a very stressful time and it is difficult to negotiate all of the complexities!!

    More details about my situation:
    Income ~$85K/year (>> median income in WA)
    Credit Card debt ~ $35K
    1st Mortgage ~$300K (hoping quick sale appraisal will be lower than this)
    2nd Mortgage ~$130K

    #2
    My attorney advised me not to get an appraisal. He had me sign a declaration as to the homes value. I think the home would have appraised well below the first anyways. I don't know how it will work yet as my 341 hearing is in another two weeks.

    MTA: We have one car payment and I am paying it outside of the plan.

    Comment


      #3
      Becasue my second mortgage is so large in my case (130K), I would be suprised if the lender doesn't fight it. That's why the lawyer suggested an appraisal. I thought that usually at least a CMA from a realtor was necessary.

      Comment


        #4
        I asked him if I should get a CMA or an appraisal and he just said it was better to do the declaration. He didn't really give me his reasons, just said that sometimes there were problems with an appraisal. The declaration said that I declared under penalty of perjory that I had personal knowledge of the homes value based sales in the area.

        Comment

        bottom Ad Widget

        Collapse
        Working...
        X