Worried and frustrated

Hello all...To make a long story short about 2 months ago my mortgage co filed for relief and got it. Now this week I get a summons to foreclose. My chap 13 will be done in about 6 weeks. My lawyer did not submit an answer for the relief because he said I had no grounds to object meaning my excuse was not good enough. This time I get the summons and have a chance to answer in 20 days. I called my lawyer but he didn't call me back yet. I think he may not because I still owe him some money but he also told me 2 months ago that he would get me time to sell my house so that they don't foreclose. Well my house has been on the market for 4 months and not selling. He also told me they can't sue me while I'm still in the bankruptcy that I was still protected. So why are they suing now? Do I get another lawyer? Is he really for the creditors? I think he will sue me too for his money after the plan is done. My plan is now at 52 months which it can be extended to 60 months. But that isn't enough to catch up on mortgage arrears. Can I get another lawyer if I'm still in this bankruptcy. Also will i need to file chapter 7 but then I would have to include what I owe him also right? This week I called for foreclosure help and was told they couldn't help because I was still in the middle of a bankruptcy. If I let the house go I know I can stay here for 6 months but what about if there is a deficiency. Will I be liable for the difference from the sale. I do think they waive the difference if I'm reading the summons right. Also can I file another chap 13 to save the house one more chance. Can they keep the chap 13 plan open longer. Sorry so long. Hope someone can answer my questions. Thanks

Welcome to BK Forum, worried - glad you found us!

To make a long story short about 2 months ago my mortgage co filed for relief and got it. Now this week I get a summons to foreclose. My chap 13 will be done in about 6 weeks. My lawyer did not submit an answer for the relief because he said I had no grounds to object meaning my excuse was not good enough. Were you late making your mortgage payment and that's why your lender filed to lift your automatic stay and it was granted by the court?

If you were late making a payment, then it sounds like your lawyer thought your reason for not paying your mortgage on time wouldn't be accepted by the court. What was the reason?

...he also told me 2 months ago that he would get me time to sell my house so that they don't foreclose. Well my house has been on the market for 4 months and not selling. You did get some time to sell. It's too bad that the real estate markets are so bad right now. Many people are finding it very difficult to sell even at very reduced prices.

He also told me they can't sue me while I'm still in the bankruptcy that I was still protected. So why are they suing now? You were protected until your mortgage lender got permission from the court to lift your stay. When that happened they were able move ahead with foreclosure and they have.

Do I get another lawyer? Many lawyers are reluctant to come into an active Ch 13 case unless there is clear evidence of lawyer malpractice. I don't see anything from what you've told us that indicates your lawyer has done something wrong.


If I let the house go I know I can stay here for 6 months but what about if there is a deficiency. Will I be liable for the difference from the sale. Did you reaffirm your mortgage with the lender? If you did, then you will owe any deficiency after the foreclosure sale. If you didn't reaffirm, then you won't owe any deficiency.

Also can I file another chap 13 to save the house one more chance. Can they keep the chap 13 plan open longer. If you are stretched so thin after filing bankruptcy that you weren't able to make your mortgage payment on time, perhaps that's a sign that the house is slowly killing you financially. How much is your house payment compared to your income? Is it less than 30-40%?

Just a few more questions, worried. Which state are you in? When did you file Ch 13? How much was your income above the median income for your state? Was most of your debt secured or non-secured?

I've asked some hard questions - please don't take offense. It helps us help you better if we have more information about your situation. Again, welcome - ask questions, vent as needed, and share good news on the good days. That's why we're here.

I was late and haven't made payments for awhile. Now my daughter is helping out. She lives with me. Also when lawyer told me he could get me more time the house was only on the market for 2 months. I thought maybe he could give an answer to the summons to extend the chap 13 so I would have more time to sell. I can't see the mortgage company having any better luck with selling. I know of a couple houses here in the same situation and they sit and sit.

I did not reaffirm. Do morgage companies ever do foreclosure workout agreements. Will I owe additional costs after the judgement is granted.

I have looked at places to rent and they are higher than my mortgage payments.

Also chap 13 payments are half my house payments. Maybe I will be better off when I have that money back again every month.

I'm in Wisconsin
Income - 26416
Chap 13 filed - 5/03
Equal secure and non-secured.
Income over median - 184