Advice on Home

[ConfusedinOC]

I am planning to file in mid May of this year and am current on my home mortgage that I plan to keep. For me to retain a lawyer I will have to either not pay my property tax our my mortgage payment (both late after the 15th of this month). What would happen if I didn't pay either of both? Could I still claim the expense? Would the bank try and foreclose? I would pay the subsequent months but not sure how I would catch up on what I didn't pay this month (tax or mortgage).

[newbie2]

I am planning to file in mid May of this year and am current on my home mortgage that I plan to keep. For me to retain a lawyer I will have to either not pay my property tax our my mortgage payment (both late after the 15th of this month). What would happen if I didn't pay either of both? Could I still claim the expense? Would the bank try and foreclose? I would pay the subsequent months but not sure how I would catch up on what I didn't pay this month (tax or mortgage).

Most districts require that you be current on your mortgage when you file for a Chapter 7. (Chapter 13 allows for arrears to be paid in the plan) Do what you can to save money to pay the attorney without letting your mortgage payment lapse.

[ConfusedinOC]

What about being late on the property tax? Could I skip paying the tax in order to pay the lawyer?

[Meatstick]

Are you re-affirming the mortgage ? If your just going to do a ride-thru then I think you will be just fine if you paid late but were current at the time of your 341. Keep in mind once you file you will more than likely have to mail in future payments to your lenders mortgage department.

What newbie posted is correct but I also find it highly unlikely your mortgage company would make a move unless you had already been missing payments.

[ConfusedinOC]

I owe $620K and it's worth bout $540K. Therefore I am not planning to reaffirm. I think I will just skip on paying the property tax of $2,500 and stay current on the mortgage in order to retain a lawyer. Wouldn't the unpaid property tax be included in the means test and schedule J as an expense anyways? Would the bank try and foreclose while I am current on the mortgage but owe property tax? I would assume that they would try and impound the taxes, am I correct?