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wrote the other day and need help

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    wrote the other day and need help

    me and my husband are in ch 13. We have an consent order or something where we got behind on mort payments. Now we pay 1052 instead of 772. We just got a notice that we had an escrow shortage, so now our payent is 1200. Until june i will pay 1480. I can not afford this. I can't refinance because I have this consent and would have to come up with 15-20 percent down. Should I file chp 7. What would happen to my situation if I filed 7?

    #2
    Why didn't you file a Chapter 7 to begin with?

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      #3
      I was in a similar situation, I did convert to chapter 7. I valued my house at 240,000 but the trustee valued it at 310,000 so now they are going to sell it and kick me out.

      If you are planning to convert, make sure you value your house correctly and that any equity you might have is covered by your exemption otherwise the trustee will sell your house.

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        #4
        If you're behind on payments and file a Chapter 7, you'll lose the house completely. You only have to pay this extra amount for 3 months. The increase for just an escrow shortage seems really high. How long have you owned the house? Were you aware of a recent increase in property taxes? If you want to keep the house, you really need to stay current on the mortgage. If you're having problems doing that while already in a Chapter 13, it's time to think about finding a cheaper place.

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          #5
          OR, if you have other debt, unsecured debt, in the ch 13, you can try to get your plan modified to lower the payments if you're currently paying more than the minimum for a 13... like if you're currently going to be paying 35% of your unsecured in the bk, you might be able to get it lowered to 30% or 25% and thus have lower payments.
          Filed Ch. 7 Pro-Se: 10/12/06
          341: 11/6/06 (went AMAZINGLY well!)
          Discharge: 1/12/07
          Closed:1/19/07

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