Bankruptcy Forum

Looking for Refi company while in 13

rrick_9
02-15-2005, 12:53 PM
Does anyone know a agency that refi while in chapter 13 (my case is: I filled 13 and have no equity only been in home 2 years or so and need to catch up even more now) I want to either refi and use cash toward 13 and current payments or sell house and some how end up on the positive side with lower payments on things overall.

I know this message sounds crazy but I have been for a minute now. lol
thanks in advance

HHM
02-15-2005, 02:12 PM
when you say "you need to catch up even more now", have you missed mortgage payments since you filed the Chapter 13? How far behind are you, and I wouldn't be surprised to see a Motion to Lift Stay filed by the mortgage company soon if you are behind.

However, all you can do is start calling around to the various sub-prime lenders in your area to see if you can get qualified.

rrick_9
02-20-2005, 10:30 AM
Ok the motion to lift stay has been mailed to me and my meeting date is march 4. It seems that I am in the unsucessful chapter 13'ners. What's the best road to take from here. Case: I have no equity, bad credit, and no extra cash besides what I earn weekly which go to car, gas and electric, etc. Of course have been looking for a affordable living arrangement, regretfully. I don't feel to bad though this was my first house and I've learned alot but I know this isn't going to be the end of this case. So if the motion follows through what should I now expect out of this and what do I need to do to best protect my family and myself.
thanks in advance.

Ps, I wish I would have ran into this site just 2 months ago because this has felt like I have been all alone and no one cares to hear what happen to me to get in this position. But I know I am not alone thanks to you guys

HHM
02-20-2005, 01:43 PM
You could amend your plan to include the new arrears, but it sounds like you are too far gone for that, the other option is converting your 13 to a 7 and discharge any lingering debt and any deficiency balance that might occur if you owe more on your house than its worth. The long and short of it is, if you cannot cannot make up your back payments, there is no way to keep your house. If there is no way for you to make up back payments, you should convert to a 7.

If your really having that much of a problem, you may want to have your loan docs analyzed by a Consumer Attorney for possible Predatory Lending violations.

rrick_9
02-22-2005, 08:03 PM
I didn't know I could do that. I can't seem to win with this thing i keep tryin' but now that I make more money I'm too late to catch up and time is not on my side man I tell ya'. So I should contact my present Attorney and tell that I want to convert to a seven correct? Tentively speaking right.

HHM
02-23-2005, 07:46 AM
Yeah, you should contact your current attorney. However, if you are making MORE money now, it might be difficult for you to convert, therefore, you may just end up amending the plan...either way, you should contact your attorney and DO SOMETHING. Take the initiative, don't let things happen to you, make things happen for you. (sorry for the cliche) :)