I have been looking around and haven't been able to find a clear answer, but I was wondering if anyone knows when I can stop making mortgage payments. We plan to begin the filing process next month, and we are slightly over the median income, so our plan is to keep making mortgage payments so we can include it on the means test. But when can I stop making the payments...when we file? until after the 341 meeting, or until we're completely discharged? We are late on the 2nd mortgage and struggling to come up with the funds, and the next payment will be due before we know it! Just want to see if I'm throwing my money away already...
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As far as I know, you can stop making your payments and still include the secured debt payment on the means test. I might be wrong though, but that was the assumption I was under. My attorney knows I am not making my mortgage payment and is using that payment to help me pass the means test. Now, some districts will try and cut the payment if you are not intending on staying in the property, but my attorney said I am good to go. I am nervous still though.
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I was already 6 months past due on my mortgage when I filed and we included the payments (1st and 2nd mortgage) in the means test to qualify and just said that we were working on a modification. Our attorney had suggested that we make it seem as though we were working on a modification and to just lay low. We did speak with our lender and said that we couldn't afford payments and they were working with us to see if we could qualify for a modification, it takes months and we were asked to send in certain financial docs and just never did and they're still waiting, haven't heard anything from them and I stopped paying last October. Don't waste your money. We are waiting for our discharge next month and will walk away from the house, it is under water more than $200k. It's not worth staying for us, we don't even like the area and the schools perform low. Save your money for your next place.Retained Attorney: 02/03/10
Filed Chapter 7 : 04/13/10
No Asset Case- Pending Discharge...
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