Doing a Mod

[zeezee]

Do you need to submit new financial documents, statements, etc. if your plan has to be modified? My mortgage company is saying that I am behind on my payments since I started my plan (long story) (but I'm not), I have requested the payment history and I have all of my bank statements showing when I paid. They say they will send it to my lawyer. They have not filed any relief of stay the whole time I have been in my plan (the paralegal checked Pacer today). It's on my 2nd mtg with HSBC.

[HHM]

Generally no, if you are doing a chapter 13 modification, you need only submit the required changes on the schedules and plan, and depending on the circumstances, only necessary documents related to the reason for the modification as needed.

[zeezee]

Thanks HHM, my income has gone up significantly since filing and I have been trying to stay under the radar...been doing good up until now.

[HHM]

On the flip side, they can ask for updated information at which point you would need to supply it.

[zeezee]

Well my lawyer motioned to have my payments suspended for 3 months! Thank GOD! That will give me a little break...I wonder if that will mean I will have 3 months tacked on to the end of my plan or does it mean the creditors will just get less?

[HHM]

Nope, you will not have 3 months tacked on.

[zeezee]

Nope, you will not have 3 months tacked on.

Thanks HHM! That is good news!

[michaela]

What reason did your lawyer give your trustee to have your payments suspended???

[zeezee]

Recently my 2nd mortgage company determined that I was behind on my payments. Due to an error (on their part) when I filed I was on a mod and when my first payment was due it was supposed to be a full regular payment (which it was). The error came when they counted my last modified payment as a full payment. HSBC does not take partial payments so they never credited the modified payment to my account. I continued making payments as required not realizing that the whole time they had me at 30 days late.

Add to that I had a number of high dollar unexpected repairs and things happen all at one time (AC broke-$3500 to replace, car inspection-tires, brakes-$1000, siding repair-$1400, etc., etc. etc.) I skipped a month thinking I would catch up the following month...went to pay and the customer service person says "oh this payment is for March (I'm thinking it's for May). I asked for my payment history and they sent it to my lawyer.

So rather than mod the plan to include arrears he just motioned to suspend payments for three months so I can catch up and have a little breathing room.

[Loveandlight]

We are also looking to modify and suspend for a few months due to medical bills. Thanks for this input- I have just sent a request to our attorney.