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Home Purchase - During Active Ch13 Plan

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    Home Purchase - During Active Ch13 Plan

    Hi Everyone. Seeking feedback and looking to understand my situation/options.

    Entered into Chapter 13 in fall of 2013. We have 17 months left - good payment history. When we first entered the plan, our combined salaries were approx $140,000. Since that time, our salaries have increased to $210,000. In addition, some of our monthly expenses (e.g. pre-school, car payment) came off the books.

    On one hand, this is great and I'm certainly NOT complaining. On the other hand, it seems as if our growth financially is a problem for our current scenario:

    We've been in perpetual "rent" mode for housing and found a local home that fits into our budget $475k. Our real estate broker said current BK is not a problem as long as you have solid payment history and if the trustee approves the transaction (per FHA guidelines). Our attorney was "cautiously optimistic" he could make this work but was concerned exposing our new finances might force our plan payments to change.

    Given the risk/reward, we figured no problem (even if our current payments approx. $1,400/month doubled, this is something we could absorb). We've since entered into the contract (pending trustee approval) and once the attorney broke down the numbers, he's now telling me that not only will it be a tough sell to the trustee, but that on top of the $23k left on our plan, he envisions we'll also owe approx. $88k on top of this.

    I understand the aspect of plan payment amount changing, but this amount means we'd owe approx $5,100 more per month. I will be getting clarification soon, but in meantime wanted to see if this sounds crazy? How did he come up with that figure - especially since he originally said worst case our payments would double?

    On a side, note also curious if having a co-signer/borrower for the loan would offset the need for trustee approval? At this point, looking at any and all options to try and make this work.

    Thanks for reading and any help!

    #2
    None of us can tell you where the number came from. It sounds like it is the increase in your disposable income since you filed, but ask your attorney to go over his calculations.

    A co-signor will not prevent the need to get trustee approval.

    Can you cancel the purchase contract without penalty without applying for trustee approval? If so, I think I would wait 17 months to buy a house. It doesn't seem worth rocking the boat.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      The Trustee is required to make sure you're paying disposable income during the first 36 months after the plan; after that, any increase in your disposable income is handled at the discretion of the Trustee. It sounds like your attorney knows that your Trustee will ask for more.

      I agree with Lady -- cancel the contract, even if you have to pay a penalty. If your Trustee significantly increases your Plan payment, the bank probably won't approve the loan anyway. Then, bank the extra $$$ you would've been paying on a mortgage, and you'll have even more to put down on a house in 17 months when you're done with your 13.

      Comment


        #4
        Thank you all for your feedback! As it turns out, the additional amount was based on offering an option to do 100% payout over the remaining months. So definitely a deal-breaker in that we're talking an additional $5 - $6k per month.

        We'll definitely wait this one out in the meantime. To make things even more difficult, it's my understanding that for FHA loan, you have to wait 2 years after discharge to qualify. So strange - you can technically qualify "during" Chapter 13, but have to wait 2 years after successfully completing the program?

        Comment


          #5
          Originally posted by jn1520 View Post
          Thank you all for your feedback! As it turns out, the additional amount was based on offering an option to do 100% payout over the remaining months. So definitely a deal-breaker in that we're talking an additional $5 - $6k per month.

          We'll definitely wait this one out in the meantime. To make things even more difficult, it's my understanding that for FHA loan, you have to wait 2 years after discharge to qualify. So strange - you can technically qualify "during" Chapter 13, but have to wait 2 years after successfully completing the program?
          Rhetorical question and feel for you. Had to wait out the 2 years just for the opportunity to re-finance current high interest mortgage as we are not eligible under HARP. Very little equity to balance owed also posed a problem as the housing market in this area is still in a bit of a slump. Currently working on an FHA option with 15 years at 3% that we may qualify for.
          Filed 11/10/08

          Discharged 2/18/14

          Comment

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