chase/chapt 13 fall behind

[michaela]

Has anyone fell behind with chase on there mortgage payments? I did 6 months ago and after two payments they sent me a letter stating I had 15 days from the date of the letter to clear up the arrears or they would motion to have the case dismissed. Is this common with chase. Anybody else recieve that kind of letter

[sh1035]

I am 20 payments behind!! Keep trying to do a mod and they keep asking for the same paperwork every month.

[LadyInTheRed]

michaela, I don't know if it's common for Chase to send such a letter, but I'd take it very seriously. Does your attorney know you are behind on your mortgage payments? If not, let him know what's going on. Not paying your mortgage is grounds for dismissal.

[michaela]

sh1035 are you in a bankruptcy? Are you behing in your bankruptcy payments? Have they filed forclosure papers? Thanks

[frogger]

michaela, I don't know if it's common for Chase to send such a letter, but I'd take it very seriously. Does your attorney know you are behind on your mortgage payments? If not, let him know what's going on. Not paying your mortgage is grounds for dismissal.

And Chase can put in the motion to have your case dismissed.

[ValleYum]

So your case wasn't dismissed back in July when you were behind on your plan payment or did you have to file again?

[newbie2]

Secured debt payments are addressed in your Chapter 13 plan. If you are not making your mortgage payments you not only have Chase to worry about, you have your trustee to worry about. One of the first questions the trustee will ask is "Where is the money going?". You need to talk to your attorney.

[kmattin]

Does anyone know if the mortgage is being paid outside the plan, mortgage payments are not paid to the trustee, is the person in chapter 13 still covered by the co-debtor stay?

[lrprn]

Does anyone know if the mortgage is being paid outside the plan, mortgage payments are not paid to the trustee, is the person in chapter 13 still covered by the co-debtor stay?

I'm assuming by "co-debtor stay" you are asking if both persons in a married couple are protected by the automatic stay after filing or not.

Whether your mortgage payment is being paid by yourself or your trustee, if the couple files Ch 13 jointly, then both are protected by the automatic stay.

However, again regardless of who is paying the mortgage, if only one of the couple files Ch 13 then the second person who did *not* file is *not* protected by the automatic stay. This matters most when only one of the couple filed but both persons signed the mortgage to be equally responsible financially and/or both are listed on the home's deed and the home can't be completely protected with your state's exemptions.

Which is your situation? (And if my assumption iabout your question is wrong, then please set me back on the right path )

[IamOld]

Does anyone know if the mortgage is being paid outside the plan, mortgage payments are not paid to the trustee, is the person in chapter 13 still covered by the co-debtor stay?

Ironically on this I was educated by Des here and spouse's 13!! THe codebtor stay applies for:

a) secured loans (mort/cars etc) AS LONG AS the 13 provides for the payment of the loan and arrears

b) unsecured - if you pay back 100% yes the codebtror stay applies

and c) they still have to move to lift stay if a and b doesn't apply.