Late on Mortgage Payments

[worried0706]

Hi, I filed Chapter 13 over a year ago. Currently I am current with the trustee but fell behind on my mortgage payments. Is there anyway I can have a modification done with the trustee? Or can I refile for Chapter 13? I need help. I am trying to pay the late payments back but it will take me forever. Please Help!!!!

[workinghard]

Hi Worried,

I'm in the same boat sorta...here's all I can tell you based on what my attorney said to me (I am not a lawyer) --- we can't modify our plans because we are at 60 months already. If you had less than 60 it may be possible but talk to your attorney. And, again from what I'm told, the court isn't making any provision for inflation.

If the trustee makes a motion and your case gets dismissed you can revise/re-file but your stay is only good for 30 days. Your lawyer can bring a motion to extend the stay if for good cause (job loss, illness etc...)

If this is a third filing, I really don't know I've been trying to look up cases to get a hindsite on how the court rules on these things. I hope this info. helps in some way shape or form.

Personally, I feel between rock and a hard place so I know just how you feel.

[worried0706]

Thanks working hard. I have more questions to ask you....what do you mean by third filing? and what do you mean by revise and refile?

[liz417]

Hi worried,

Did you file with an attorney? If so, you'll need to contact him ASAP, you don't want the Trustee to dismiss your case (your lender can/will motion to have your ch 13 dismissed). No need to start over, just contact your attorney. You will need to look at your ch 13 more closely, can you really afford that home? If you've fallen behind on your payments, maybe you really can't afford the home. It is important to have a good ch 13 repayment plan written and sumbitted in order to complete this program. A good plan would include a little *wiggle room* with expenses.

Good Luck and keep us updated~

[Flamingo]

Hi, I filed Chapter 13 over a year ago. Currently I am current with the trustee but fell behind on my mortgage payments. Is there anyway I can have a modification done with the trustee? Or can I refile for Chapter 13? I need help. I am trying to pay the late payments back but it will take me forever. Please Help!!!!

Anytime during your Plan that you cannot make your Plan payment or a secured payment (i.e., mortgage payment), immediately contact your attorney. Since you are already behind, give your attorney a call immediately and explain the situation to him/her. As the previous poster stated, you need to review your situation and check to see what caused this issue for you and what you can do so that it does not keep recurring. Strict budgeting is a necessity in a Chapter 13 and it doesn't take much in this economy with the rising costs of gas and food to really push the limits of any budget.

[yorkilass]

We had our mortgage payments included in the monthly ch 13payments as we were behind with them. The mortgage company caught us over several months. See if you can have them added in. It saves a lot of worry over keeping them current. In fact we are now 3 months ahead with them as they took to much money outwhen they should have decreased them

[workinghard]

Thanks working hard. I have more questions to ask you....what do you mean by third filing? and what do you mean by revise and refile?

I meant if you case got dismissed then your attorney would prepare a new filing (so, if this were your first filing that would be your second filing ) it's basically starting all over again and telling the court why the first one didn't work out

If case#2 goes south (dismissed etc...) and you wanted to file again that would be a third case

Don't get me wrong, I'm not advocating just letting it get dismissed.Talk to your lawyer and see what they say, it depends on your individual circumstances maybe they can do something for you. In my case I had to re-file because my first one got dismissed.