Foreclosure and Chapter 13???

[2009WillBeGREAT]

I just saw an attorney last week, gave him a downpayment, we talked, I asked question after question and we talked some more. Outcome was that I would file chapter 13, keep my house and vehicle, (Which I HAVE and WANT to do) pay off all my old debt, (About $40,000) and the numbers he gave me were doable. Last week, when we discussed all this, I was 90 days late on my house payment. I am planning on paying him the rest of the retainer this Friday, the 31st and he said at that time, he would file. Well.......yesterday, I got a foreclosure notice from my mortgage company. I am freaking out! I called my attorney but, of course, got his voice mail. I thought I'd get on here and ask a very serious question. Just to TRY and calm my nerves......

HOW WILL THIS EFFECT MY CHAPTER 13? IS THERE A CHANCE NOW THAT I WON'T BE "APPROVED"? WHAT ARE MY CHANCES? I'M STRESSING. IT WAS SO HARD TO EVEN CONSIDER FILING, NOW I FEEL THIS IS IT. IF THE CHAPTER 13 DOESN'T GET APPROVED, I AM OUT OF A HOUSE!!!!! I AM SINGLE WITH CHILDREN! UGH! ANYONE HAVE ANY ADVICE OR EXPERIENCE WITH SOMETHING LIKE THIS?

I am in the state of Ohio, if that makes any difference.

Thanks everyone.

[tofargone]

If you just received your first notice of foreclosure and you are going to file within the next 20 days you should be fine. The notice is a notice to you that your bank has filled against you. You should have 20 days ( at least in my state ) to dispute the filling. Once you file for foreclosure it all stops. There have been multiple postings on here of people filling a day or two before the sheriffs sale which it you just received notice is probably months and months away.


Just take a deep breath and stay the course. Chapter 13 is not easy, but as long as you make your payments and your mortgage after you file you should be OK.

Good luck