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Behind in mortage- wish to keep home

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    Behind in mortage- wish to keep home

    Do I have to bring my mortgage current before I file a 7 even if I am in a repayment plan at the time I file? If you file a 7 and you are current on your mortgage payment, will the mortgage be included anyway and what happens if you get behind again in the future?

    #2
    Well, you say you wish to keep your house. Please do bring it up to date. Have you stopped paying your CC's? Use any money to bring it up. You must list it as a creditor. If you are behind, the Judge may make you surrender it anyway if he deems you cannot afford it. Also, if you are already behind, maybe you cannot afford it. Do some thinking time on this, and see what the true value of the house is at this time. You may do better renting until you get on your feet. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      Originally posted by Dizzy View Post
      Do I have to bring my mortgage current before I file a 7 even if I am in a repayment plan at the time I file? If you file a 7 and you are current on your mortgage payment, will the mortgage be included anyway and what happens if you get behind again in the future?
      The mortgage is included in the BK whether you are current or not. ALL debt is included.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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        #4
        There are few rental properties available in our area and those that do come available have rents that are comparable to my mortgage payment so it would make more sense to stay where we are.
        Last edited by Dizzy; 07-16-2009, 05:39 AM. Reason: content

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          #5
          One thing to think about though is with renting you won't be responsible for maintenance. Often times, people forget about that.

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            #6
            True, but I don't think I'll have much of a choice. I'm pretty sure I won't be able to find a place to live if I move.

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