plan cofirmed at 100% all unsecured but house deficit no included

[puggymoo]

Plan was confirmed and the house was auction 10 days later. It still hasn't sold. Can the term of our payback 100% for 48 and 67K(trustee fee incl.) be changed because the don't know the deficit. Remember this is all unsecured. We kept 2 secured car payments out of the plan.

[newbie2]

I believe that since you are at 100% payback now for 48 months, the worst that can happen is you continue to make payments through 60 months. (The deficit gets added to the unsecured creditors, etc etc etc...) Why don't you call your attorney and find out what he/she thinks will happen once the deficit gets added to the unsecured pile? Your payment shouldn't raise, as your disposable income won't change, just the amount of claims by unsecured creditors. Good luck and please let us know what your attorney says.

[lrprn]

I'm curious how your house was auctioned but not sold? Were there no bidders, not even the lender itself?

Your trustee will disburse his monthly % fee and then pay off whatever you owe your lawyer, priority debts like taxes, and any secured debts being paid inside the plan in full first before starting any unsecured payments. Chances are by the time your trustee finally gets to paying the unsecureds which will include your mortgage lender, your house is likely to have been sold off by your lender, either to itself or to another financial company.

Still as already noted, contact your lawyer to find out what to expect in your situation.

[puggymoo]

My fault yes the lender did buy it back. There is still no know deficiency as they filed a secured claim. Our attorney is objecting to this.