some advise

[B65]

60 days is up FEb 9th, we are thinking of not making mortgage payment due feb 16th as we are thinking about letting house go or seeing if they aproach us with a loan mod after 3 months of no pay.
my question... I had a jan 16th payment due was going to pay it today, if i did not pay it would they contact courts before feb 9th as feb 9th would put me over 30 days late as payment is due 1-16th of each month? if they will apply to courts for relief from stay that quick then i will pay it and just not pay febs as i do not want any complications with my ch 7.

Thanks B

[Trixie007]

I'm sure someone more knowledgeable will chime in, but if it were me I would wait til after discharge to do anything. I think I would just be afraid to rock the boat.

[Tromploi]

I agree. My atty said wait until after discharge to do anything, otherwise the court may need to approve it (AND it could really affect the means test).

[SVBroke]

I agree with Trixie007. Our lawyer told us that to file Ch. 7 we would need to stay current on our mortgage payments and after it closed we could try for a loan modification. We haven't filed yet, hoping to in a couple of months.

We are having trouble with the mortgage payments right now and we called the lawyer's office, they told us that if we get a couple of months behind we would have a better chance of a modification. But, we would have to file Ch. 13 to catch up the months we were behind.