All to IRS - none to mortgage

[breathe]

Hi All
Just found this forum and been reading all day. Our Chap 13 was confirmed on 6/17. we filed 9/30/07 and paid all payments that included our mortgage and what we thought was due the IRS. After all this time the IRS came back saying we owed not 80K but 140K. No way we could afford that and the mortgage so we decided the best course was to ask that all the accrued payments be given the IRS and the mortgage be tossed out. The lawyer had it included that any losses from the house woudl be included in the BK.
In effect what has happened is we have lived in the house for 10 months and no payments have been made.
I live in IL which means that the foreclosure can take up to 7 months from the time the mort company files. Will the mort co (WaMu) wait 3 months of standard missed payments? or wil they file right away?
I'd like to stay here till June /09 and then move. Does anyone have a recommendation for a good foreclosure lawyer in the Will county area of IL? My BK lawyer was actually out of Indiana and not versed on IL foreclosures.

[HHM]

Let's back up, what would you expect the foreclosure lawyer to do for you in the first place. You owe the IRS too much and you haven't made a mortgage payment in 10 months, what exactly do you think the lawyer can do for you?

As for predicting how fast WaMu will act is anyone's guess. The first thing they will need to do is file a motion to lift the automatic stay in your BK before they can do anything.

Keep in mind, you can stay in the house until someone actually evicts you. But I wouldn't "plan" on being in the house a year from now. You really don't want to pin your financial future on something that is entirely out of your control. What will you do if they evict you in 6 months?

[breathe]

What I am looking for is information on what will happen. It was an unfortunate circumstance that the mort co got nothing and it was not planned, but technically we have been making our payments, they just didn't get them awarded to them by the court.
Since we can not afford to stay in this home and make our trustee payment we have to move. But we hope to stay long enough for our son to finish high school here. Also, we need to save up to get into another place. I know a year is a long time but I don't want to rent a home for just 4 - 6 month and then move. I work 1.5 hours north and so we are planning on moving closer to there.

I found this website and want a lawyer like this in the will county area of IL. This person is near St Louis so I could not use him. I do plan on calling him on Monday but thought I'd post here to see if any one had a recommendation.

http://www.illinoisforeclosureattorney.com/

[HHM]

Well, if you want to throw more money away, you can call an attorney like that. Generally, you are better off facing reality.

[breathe]

agreed that it is highly unlikely I will still be here in a year. But I do not want to leave a day sooner than I must. Filing the BK did one thing for me that was unexpected. I no longer care what other people think. If they wish to believe Ill of me cause I am in BK or foreclosure, - not an issue to me.
Staying here in this house has the potential to put back in my pocket close to 2K a month after my trustee payment. If it costs me 500 p/m to a lawyer to put 2k into my pocket Ill do it. That is reality.

[HHM]

Like I said, you can stay until they actually evict you. You don't have to move out when the foreclosure is complete. I have heard people staying in their home 1-2 years after foreclosure began.

Unless you have called this attorney and got a fee quote, I think you are being a tad unrealistic about the $500 per month cost. My guess is he would ask for $1k-$3k retainer, and would most likely have an average bill of $750 to $1,200 per month. (but granted, I am only making an educated guess).