When to stop paying?

[penniless]

We have about 2 weeks until discharge and and our next payment is due a little before then. We didn't reaffirm, but have made our payments until now.
Our case has no issues. Does it matter if I pay this next month or can I stop paying and get the ball rolling on the foreclosure process?

I just don't want to screw anything up since the house payment is one of our expenses.

[jlmaca]

We have about 2 weeks until discharge and and our next payment is due a little before then. We didn't reaffirm, but have made our payments until now.
Our case has no issues. Does it matter if I pay this next month or can I stop paying and get the ball rolling on the foreclosure process?

I just don't want to screw anything up since the house payment is one of our expenses.

Before making a decision that could affect your discharge (which I doubt), check with your attorney. But if you did not reaffirm, why bother making the payment otherwise. I also doubt that you will have any control on "getting the ball rolling on the foreclosure process". I've been waiting for 7 months and have not been served foreclosure papers yet. And at the the time I filed bankruptcy I was 6 months behind on my payments. If you are current on the mortgage I doubt they're going to be in any hurry since you have not even defaulted on the loan.

[iv65536]

Before making a decision that could affect your discharge (which I doubt), check with your attorney. But if you did not reaffirm, why bother making the payment otherwise. I also doubt that you will have any control on "getting the ball rolling on the foreclosure process". I've been waiting for 7 months and have not been served foreclosure papers yet. And at the the time I filed bankruptcy I was 6 months behind on my payments. If you are current on the mortgage I doubt they're going to be in any hurry since you have not even defaulted on the loan.

Is the loan to which you are referring a first or second mortgage?

[jlmaca]

Is the loan to which you are referring a first or second mortgage?

First mortgage, my 2nd mortgage was discharged.

[espo1357]

Before making a decision that could affect your discharge (which I doubt), check with your attorney. But if you did not reaffirm, why bother making the payment otherwise. I also doubt that you will have any control on "getting the ball rolling on the foreclosure process". I've been waiting for 7 months and have not been served foreclosure papers yet. And at the the time I filed bankruptcy I was 6 months behind on my payments. If you are current on the mortgage I doubt they're going to be in any hurry since you have not even defaulted on the loan.

What happens if you are in a 13, and miss mortgage payments? My home has no equity, and when I called my mortgage company to tell them that I am going to miss a payment, they said that they can't force me to make a payment because of the BK. So, can I live rent free for five years? I don't think so.

gosh, this stuff is horseshit.

[iv65536]

What happens if you are in a 13, and miss mortgage payments? My home has no equity, and when I called my mortgage company to tell them that I am going to miss a payment, they said that they can't force me to make a payment because of the BK. So, can I live rent free for five years? I don't think so.

gosh, this stuff is horseshit.

I believe you would have to cure any arrearage before the five years are up, but I could be wrong. You may also have the possibility of the lender filing a motion for relief from the stay. HHM?

As for me, I have stopped paying the second and was using the threat to stop paying the first mortgage to try to persuade the second to settle on my terms until the second decided to leave me alone and charge off the loan. I'll probably send them a proposal again in December that will, if anything, prevent them from writing it off for tax purposes as worthless, and possibly suggest to the IRS that they look into the mortgage co's treatment of charged-off seconds discharged in bankruptcy.