I screwed up...........

[mdl]

Been in Chapter 13 for two years at $1095 a month, mainly for taxes and car - Best Buy had to get their $300 and Kay their $200....
My DH is disabled and gets SSDI, which we "voluntarily" use towards paying the trustee. We have struggled....mightly....
Well, .I missed a BOA payment outside of bankruptcy and when I called and made the payment, the lady told me that I could pay whatever I could within the 5 year period - that they couldn't take any steps against us. Well, I have since missed 8 payments. Today we get a letter that says they are asking for a relief of stay motion so they can proceed towards foreclosure.
I have an appt. with my attorney tomorrow.
The letter says something about a telephonic meeting - what does that mean?
And what happens now? It says we owe $139K and house is worth $130 - does that mean we could get them to work with us on a modification?
What are our options? I am not going to lose my house if I have to blow my brains out so my DH can get the insurance money to get out from under ALL of this.
Everything that could go wrong, has gone wrong, I haven't done a dayum thing right. Just today, we were at the docs before this letter came trying to find out if DH has developed post-stroke epilepsy..........I am a nervous wreck all the time...........I have screwed up everyone's life......I hate myself.

[mdl]

Gosh, I thought may be I could get some advice.....

[Pjmax]

I'm sure you will, it's only a little over an hour since your first post, and it's evening commuter/dinner time, folks in the East getting home from work.

I wish I could help, but this is not something I know much about. Keep checking in, the experts will along soon.

[mdl]

Thanks! I am just stressed beyond belief..................

[Pjmax]

I don't blame you, that's a whole lotta stuff to deal with deal with. Breathe a little, and remember, forget the past so you can move forward. We all make mistakes, some of us over and over, so we keep on tryin' until we get it right.

[tobee43]

sorry, it appear many 13's haven't been on the site as yet today.

i will try and help where i can. a telephonic meeting meeting means much of what it sounds like. it will be a meeting via telephone and not in person. you should have your atty present. it may be at that time you can request a loan modification and maybe the bank will work with you on that.

i know its so frustrating and difficult. i also know it can be so stressful. please i know this is easier said than done, but take a few deep breaths and remember this is all going to be ok. you have screwed up nothing, it's just the way things are today with so many. you are NOT alone. don't blame yourself! i also understand the stress of being ill and caring for someone very ill. for us, that's what drove us into bk. we survived and only to be in such a better place than we could imagine. so i'll be praying for you and someone will come along and answer you questions about your 13 better than i, as i was a no asset 7.

hang in there! i promise you, all of this shall pass.

[tobee43]

ahhhhhhhhhhh Pj!! lol, i was writing that post for over an hour, lol, i'm so glad you chimed in

[dmc-2008]

Dont kick yourself, others are happy to do that for you! Wait until you talk to your Atty, i am sure there is a way, there always seems to be! Good luck!!!

[despritfreya]

Posts like this upset me. You are not going to blow your brains out or do anything else so drastic to save your home. You are going to CALMLY talk to your attorney to find out what your options are.

You are 8 months post petition down on the mortgage. You don’t want to lose the home. Your attorney will file a response to the motion. The response will probably admit the default but indicate that you will either enter into a Stipulation with the lender to bring payments current over a short period of time or you will modify your Chapter 13 Plan to add some or all of the missed payments. Either way works assuming your jurisdiction allows for these types of resolutions.

You will be required to resume your mortgage payments. If you try to catch up the missed payments without modifying the Plan, your will begin, at some point, sending additional sums to the lender. If you modify your Plan to add the post petition payments your Plan payment to the Trustee will increase.

Before you start blaming yourself and thinking its all over, sit down with the attorney and determine what you can and cannot do. And. . . for now, STOP STRESSING over this.

Oh, and that telephonic meeting is probably some local rule or procedure to get the parties to begin the process of working it out.

Des.

[TheBajan]

mdl,

I agree with Des... nothing in life is worth putting yourself through this kind of stress. This will get worked out. Whatever you can do to relax, that's what you need to do. You have an attorney, let him/her do the worrying and stressing. As the saying goes, "this too shall pass". You will get through, and be better off than you can imagine. Hang in there.

[becky20]

Try to stay calm, talk to your attorney and find out your options. Like other posters have said, there are probably things that can be done, rolling the back payments into your plan, etc. But it sounds like your payment is just too high for what you can afford. Can you talk to your attorney about trying to revise your plan or converting to a 7? Getting that far behind, I just worry that even if you figure something out to take care of the back payments, you may end up in this situation again. I got behind in my payments due to some things we had going on and were given a motion for release of stay, and I had to either become current, revise plan to increase payments to make up the difference, or convert to a 7. I revised the payments to make up the difference. I freaked when I saw the notice, blamed myself, but it worked out. You'll get through this!

[mdl]

Thanks everyone. It's just been overwhelming lately. One income and disability don't even equal what my DH made before his stroke... And now with other medical issues coming up with him I have just become a beat down person. I try to bury my head in the sand, don't worry him and all I do is sink faster! I'll share what my attorney says later.

[mdl]

Ok, I took a deep breath. My attorney is such a nice and caring man. Walked in, told him I screwed up. He said he and the attorney for BOA will have a telephone meeting with the judge - the judge is goin to ask them if they have worked anything out - i.e., adding the payments into the 13....MAY make my payments go up $90 a month...may not....because I have already paid $25K in two years and all of mine is secured or priority....

In the mean time, he gave me the number for HOPE Now, which, since I am working through an attorney and in a 13, gets me "higher up the food chain" to people at BOA, who may be more than willing to work with us - i.e. forgive some of the debt, 2% interest rates, ect.

He said for me to start working on that, and on Aug 21, I am to call him and let him know where that stands and then he will proceed with the rollover so that its done by the time of their meeting. He said if we are approved for a mod/refinance, then my Trustee payment will go back down by any amount that it increased.

He also told me don't worry about the August Payment, that he will make arrangements for me to start back in September, giving me money to kind of get everything back in order. So again, thanks for the comments and the support.

I will NOT make this mistake again.....

[AngelinaCat]

That is GREAT news! I am glad that you have such a wonderful and caring attorney. Please keep us posted on how you and DH are doing...

[sophieanne]

You must feel relieved..and I feel relieved for you too. Good luck as you work things out.