Chapter 7 and late mortgage?

[Freddy03]

Ok so I'm stuck on this once again. It seems like I keep needing to push my filing (due to finances) yet again. I just can't seem to get a head. Maybe a 13 would be a better option for us. I have no clue....LOL

Any way - who here has filed Chapter 7, was late on your mortgage, and NOT reaffirming or surrendering the house?

If yes - what was the outcome?

Thanks

[drowning123]

Yes. The outcome is nothing yet. I won't be discharged until 11/23. In the meantime, I've received 2 letters so far from Aurora saying "we've tried to contact you numerous times regarding retaining your property." That's a lie. No phone calls came. "Time is of the essence." Ya think?! They're just blowing steam. I'm sittin' in that bad boy until they sell that house at auction, which may be another 2 years, since I'm in NY.

[Freddy03]

Yes. The outcome is nothing yet. I won't be discharged until 11/23. In the meantime, I've received 2 letters so far from Aurora saying "we've tried to contact you numerous times regarding retaining your propert." That's a lie. No phone calls came. "Time is of the essence." Ya think?! They're just blowing steam. I'm sittin' in that bad boy until they sell that house at auction, which may be another 2 years, since I'm in NY.

So you are not paying the mortgage? I want to pay it but I want to file soon. If I file in Nov I'll be just at 30 days late on the mortgage.

[drowning123]

Nope, I haven't paid since April and I filed on August 20.

[ccsjoe]

Freddy, why would you not file? I was almost 30 days late on my car when I filed so I could finish paying attorney, yet had no trouble putting the car payments on Means Test and on J. Caught up with payments two weeks after paying the attorney and filing.

[backtoschool]

Nope, I haven't paid since April and I filed on August 20.

I am assuming you are not trying to keep the house. The OP, although not reaffirming the house, has interest in staying there.

[drowning123]

Even though I was so behind, I still included the mortgage on my means test and on my Schedule J. I haven't paid on the car, I also included that in my means test and on Schedule J. The trustee didn't bat an eye.

[Freddy03]

Freddy, why would you not file? I was almost 30 days late on my car when I filed so I could finish paying attorney, yet had no trouble putting the car payments on Means Test and on J. Caught up with payments two weeks after paying the attorney and filing.

I'm just so afraid that when I file they won't take my payments then I'll be really late.

I'm having a really stressful day. I seriously hate this roller coster ride. Sometimes I'm fine and I feel like I have everything undercontrol but then I have days like today I feel like crawling into a hole.

[drowning123]

That's correct, backtoschool.

[Freddy03]

I'm also freaking out over the taxes (that I have to pay before 3/31) and I'm pretty sure I'm going to have to pay the trustee for my husband's car and I'm sure we are over the limit for expenses b/c Fl is only 2k. How can you have a house and the stuff not be over 2k?? So I'm not sure how I'm going to be able to pay for that. I need to keep my husband's car and would like to keep the stuff in my house. Not that it's lavish stuff but we wouldn't be able to replace it if it was taken.

[drowning123]

Oh boy, Freddy. Stop stressing and just file and see what happens. You can't sit around wondering. I dove in head first when I filed. I didn't even know that people planned to file. I just looked my expenses and income and said f*** it! I need a fresh start! It was only 3 weeks from when I decided to file to when I actually filed.

[Freddy03]

Thanks I wish it was that easy. I'm a mess today...LOL

When I list the stuff in my house do I have to list my childrens stuff? What if they were gifts to them? My daughter just bought herself a new phone. She has been saving all her report card, birthday, christmas money and bought it herself. I pay for the service. Would this be a problem?

[drowning123]

I'm going to start traveling with my petition to see what my attorney wrote for all my answers. I didn't fill out my forms - sorry. He and his assistant filled out these forms all the time so it was nothing for them. He never asked me what I had in my house. I guess I should have read everything over thoroughly, but I trusted him. So far so good.

[backtoschool]

That's correct, backtoschool.

You have a solid plan. The money you save while waiting should get you a nice rental when the time comes.

[Dee]

Freddy, since you haven't paid cc's in over a year, your luck will eventually run out and you'll end up in court with judgements. Based on your other thread, one month of mortgage payment would pay for an attorney (we're in Florida and got a good one for $1,500 for a Ch 7). The Florida market is so flooded with foreclosures and short-sales that the lenders really don't want your house back right now, so you should have time to get cought back up on your mortgage. Go ahead and file and get this stress off of you. You'll feel better knowing you're moving in the right direction.