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If we decide to let our house go

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    If we decide to let our house go

    How long do we have to save?

    Now about 4 1/2 months behind. Foreclosure not started. (We filed ch. 13 in Dec. before any foreclosure had started, its being dismissed voluntarily 'without prejudice' today. We need to figure out what we are doing on several fronts and will refile in a few months.)

    House mortgage includes escrow. Its not an unreasonable amount, and we're not underwater. But the house has issues and I'm just not sure it would be wise to stay tied to it. When it rains heavy (and that has happened several times in the past 6 months) the basement floods. Don't have $$$ to do anything on that. And there is a minor roof leak. Again, only a problem when it rains heavily. Light/regular rains are not an issue. The issues are enough that I can't imagine us ever being in a position to sell it without doing MAJOR work and replacing all carpet & appliances to boot.

    Downside of renting? Well, no tax benefit for paying property tax & interest. But then, the trustee will get our refund for the next 3 years so he'll be the one to lose out rather than us. Rentals in our area for less than what we're paying are not terribly plentiful. But there are always at least 1-2 hours for rent in our current neighborhood and it looks like they are ~$200/mo less than what we're paying now.

    But like others I fear that it will be hard to actually rent. Being able to stay in our current house 'rent free' to build up a savings for deposit + first + last would help. Yet if we state 'surrender' on the statement of intentions for the home, do we get to count the $1200/mo mortgage payment in our expenses? Or does that get added to our TT payment preventing us from saving? Or since our county allows $1372 mortgage/rent payment are we ok to keep claiming it?

    Sorry for the ramble. Thinking some things out as I go. Main questions:

    1. How long does would we have before having to move?
    2. How does a 13 handle mortgage/rent payments when you're surrendering your house but not yet secured a rental?
    Ch. 7 in 2005 - catalyst was a 2003 car accident and major rehab/physical therapy/time lost from work
    Ch. 13 in 2010 - catalyst was poor financial decisions + loss in pay + increase in living expenses

    #2
    ps-we have made all post-petition payments on the mortgage which was Jan-March.

    I guess in a perfect world, we could:

    1. stop paying the mortgage totally.
    2. use April's mortgage payment to catch up a vehicle that is behind. Got some $ that we paid in for 3 mos of 13 plan payments, so would need to contact lender to find out what $ is needed to catch it up.
    3. wait until the latest possible date to refile 13 (unless another creditor tries for a judgement) saving up mortgage payment $ along the way
    4. have a few more months after we refile

    If possible to save for 10-12 months that would be great. I fear we'll need to replace some basic furniture if/when we move. Some things are in bad shape, like my kids beds. I'd be amazed if they could withstand being taken apart without actually falling apart.
    Ch. 7 in 2005 - catalyst was a 2003 car accident and major rehab/physical therapy/time lost from work
    Ch. 13 in 2010 - catalyst was poor financial decisions + loss in pay + increase in living expenses

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