Bankruptcy Forum

Foreclosure~Chapter 13??

987654
11-09-2005, 03:38 PM
My BF and I live together in a house (loan, home under his name only) that has been in foreclosure for about a year. He's had two forebearance plans, which took our payment from $700 to $1200. He's been unable to refinance. The last forebearance plan expired, and they refused our payment until a new plan was approved....this was in August. They misfiled the income paperwork and after calling back many times and refaxing the paperwork, we finally heard that they had approved a plan, but now want $1500 a month and $4200 down payment. *AND* because it took so long to get the new plan sorted out, they set the sale date again, this time for Dec. 20th.

We don't have all of the $4200 down which they want by the 18th, nor does $1500 a month seem like something we can swing. And it leaves us in the same boat in another 6 months, which means we'll be going through this all again. The forebearance is for the past due payments as well as some $7000 in property taxes my BF didn't pay so the mortgage company did, so it won't be caught up in 6 months. Even with the doubled payments we're not getting ahead any paying off this way.

How does Chapter 13 work in this situation? His credit already sucks so I don't see why not:(

Lightning
11-09-2005, 04:51 PM
How far behind is he? The payments can only be spread out over 60 months. And that still means he has to pay the actual mortgage plus the Chapter 13 payments.

987654
11-09-2005, 07:22 PM
Right now I don't know exactly, since we've been paying on it...but it looks to be around $15,000-$20,000 including the back payments, the taxes, the added interest and the legal fees. I swear we've been paying double payments for almost a year, but it's not making a dent in our balance. So if the normal payment is $700, and they spread the $15,000 out over 60 months, then we'd be paying about $250 a month plus the normal payment? Would/could they force us to make higher payments?

Ideally we'd prefer to refinance everything, but nobody wants to touch him in foreclosure...

Also, during the plan would it be impossible to get additional credit? Let's say he needs another vehicle, could he get a loan?