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    #1

    Question

    We filed chapter 7 in August and had our 341 in October and it discharges this month. We decided to reaffirm on our house and we received a letter today stating we have 14 days to contact the mortgage company. We were really behind on the mortgage payments when we filed. We are slowing paying it trying to catch up. We are currently behind on the Oct, Nov, and Dec payment. Do the mortgage payments have to be caught up before discharge? If they are not caught up, can they take the house from us? Please help!!!!!

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    #2
    Do you have a lawyer? If you do, what does he say to do now? I do believe you have to be current to keep the house. In a c13, you don't. People do c13's to keep things they want that they are behind on. We had to sign reaff papers right at the beginning under the c7 (we were current and wanted to keep out home though). I know people do bks by themselves (Pro se), but if you are truly lost and time is running out (may be too late already), I sure hope you have a lawyer.

    Some other more seasonal bk reader will make this more clear on what to do.........like AngelinaCat,JustBroke,BKLawyer, Flamingo, to name a few. You came to a good place.
    (first 341 10/14/09, cont'd 341 10/23/09) (12/14/09 last day to object) (341 Shows HELD w/tt report of no distribution 1/9/2010)
    :clapping Discharged 1/25/2010 Case Closed 3/11/2010:D

    Comment

      #3
      Originally posted by indatucky View Post
      Do the mortgage payments have to be caught up before discharge? If they are not caught up, can they take the house from us? Please help!!!!!

      No, the mortgage payments don't have to be caught up before discharge. However, most creditors require you to be current before they will enter a reaffirmation agreement with you.

      If they are not caught up, then once you receive you discharge, the lender can then proceed to foreclose on the house. They can't come after you personally because you've been discharged. But they can foreclose on the house. Depending on where you are, lenders have more foreclosed houses on their books than they can shake a stick at. So they have been known to put your arrears at the end of your loan to let you keep the home.

      I curious though, if you were behind on your house and you wanted to keep it and come current, why did you file 7 instead of 13?
      Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

      Comment

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