filing on a rent to own contract,, can i file againts that

[zxcvbnm12]

i am going to file chapter 13 and was wondering if i can file against my home also. i only have 2 payments left, the first of july will be 650 and i have to pay the balance of 3500 on or before the first of august. can i include this in my filing? please let me know asap, i will be filing my paper work next week

[LadyInTheRed]

All of your debts are included in your BK. I suspect what you mean to ask is can the remaining payments be paid by the trustee so the payments are spread out over the life of your plan. Yes, you can do that.

[zxcvbnm12]

our first contract was notarized but the second one wasnt,, is it still legal? i got behind and she redid it for me. now she is stating the contract was no good and she can evict me. she said she is going to serve me and have move out in 30 days. i know nothing of the law and dont know what to do. our first contract stated we have to pay 1000. per month until it was paid off and i got behind so on the second one which wasnt notarized stated for me to pay 650 a month and 3500 at the first of august and have the deed transferred because that would be the final payment.

[zxcvbnm12]

also, my bk didnt go threw yet and i havent made payment for 2 months, do i have to continue makeing the payments until they go into effect. she said it is a breach of contract because of non payment, is that true, can she evict me?

[LadyInTheRed]

I asume you mean a land contract?

You'll have to speak to an attorney about whether the second contract (sounds like an amendment to the first) is valid without notarization. It's going to depend on state law.

If the contract allows you to be evicted upon breach and you are in breach, she can evict you if she can get through the required process in your state before you file Chap 13. Filing Chap 13 will stop the eviction process and allow you to get caught up on payments.

Have you consulted with and/or retained a BK attorney?

It will be easier to help you if you provide enough detail for us to understand your question. Leaving things up to interpretation leads to misunderstanding and confusion.

[zxcvbnm12]

sorry for the confusion. here is the real story,, was kinda embarrassed so i put it as i wasnt behind.
i purchase this house on a RENT to OWN contract last august. It stated i was to pay 1000 a month until it was paid off and we had the contract notarized.
i fell behind on my payment in November and we signed a new" RENT to Own" contract but never had it notarized.
it stated that i pay 650 a month for november, december, january, febuary and for march i was to pay it off and the amount i owed then was 3500.
i paid november, december, january and febuary.
i filed my chapter 13 bk on the first of February but we didnt have a hearing or anything yet. my last payment i made was febuary and i was to pay the house off in the amount of 3500.00 on the first of march. i told her i filed the chapter 13 and she is to speak to my attorney. i didnt hear anything from her for march or april. she contacted me last week and told me i breached my contract and you can not file any kind of bk on a RENT TO OWN contract. my question is, is she right? can she get me for breach of contract because i havent made any payments for the last 2 months? it states in both the contrats that " The parties agree that if the leasor is late for two consecutive months the leasor must vacate the property immediately and lose all intrest and equity in the said property."
i was told by someone on a RENT to own contract it can be as i was just renting, not buying.

[LadyInTheRed]

You don't need to be embarrassed. We've all made mistakes which is why we are here.

Now that you posted all the details in another thread, I'll close this one to prevent confusion.