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Foreclosure and Chap. 13

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  • Foreclosure and Chap. 13

    My husband and I are currently in Chapter 13 bankruptcy. This October will start year 3. Due to our daughter having some medical issues and having to have a couple of surgeries and my husband changing jobs in the middle of the year and our insurance deductible starting over and then we’ve had a decrease in our income and one of our cars needing repaired, we’ve gotten behind on our mortgage. We’ve tried talking with our mortgage company and asked for a loan modification, asked for a hardship payment plan and asked to work out a repayment plan and they won’t do any of it for us. So we got a letter stating they were going to foreclosure on our home. Is there anything we can do to help save our home? We don’t have family that we could live with and with us in bankruptcy we wouldn’t be able to rent.

  • #2
    Whenever you have any issues with income, change of job, medical debt, or other issues which affect your ability to stay in plan, you must immediately contact your Chapter 13 attorney. You are certainly not alone in this as many others have tried to deal with this themselves than use the power of the Chapter 13 bankruptcy.

    The Chapter 13 bankruptcy code actually anticipates that life will happen and the plan may need to be modified. Hence, the Chapter 13 plan can actually be modified, to deal with life's hiccups, by the plan modification process. You will still need to present a feasible plan, but post-petition modifications which include post-petition arrearages are common. However, post-petition arrears must usually be cleaned up within a short period of time with 6 months being the most common. You will need to reach out to your attorney and explain everything. Ask them to file a modification to include the post-petition arrearages and to spread them over 6 months. Some of this may include taking some of the disposable monthly income (DMI) and using it for the arrears. If you have little or no DMI, this means it has to come from your income, which may make the plan infeasible or impossible to support.

    How far are you behind?

    (Some drastic options could include, if you can afford the home and wanted to keep the home, allowing the case to dismiss and refiling. There are so many variables in a Chapter 13 plan that you will need to make an appointment with your attorney of record and discuss all the options.)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Thank you! I will reach out to my attorney. Life stinks sometimes and we are embarrassed at times that we are in this situation and then feel like people will judge us and that our attorney wouldn’t understand.

      Comment


      • #4
        Your attorney is there to represent your interests. This kind of situation is exactly why you have an attorney. Your attorney has seen it all and will not judge you. Contacting your attorney is the first thing you should do when you have changes in your financial situation that will make it difficult for you to pay your living expenses and your plan payment. You should not be ashamed that you filed bankruptcy and definitely not for having problems making ends meet while paying unexpected medical expenses after a decrease in income when you were already paying all of your disposable income to the Chap 13 Trustee? Your plan assumed your income and expenses would remain stable. They didn't, so that plan will no longer work.
        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


        • #5
          Cscoggins, I can so empathize with you - we have not had to miss mortgage payments (yet!), but we are facing some frightening dental challenges - a likely extraction followed by a dental implant (if we can ever save up the $4000-5000 to pay for this very costly procedure .) If only this chapter 13 allowed the debtor to keep some of their disposable income, people like you would not be forced to skip mortgage payments in order to pay for emergency surgeries for your daughter. (I hope she is doing better now!) My husband has been looking for another job for 4 months already with no success. (They are only willing to even talk to him if he agrees to take a job demotion and a $20000-30000 pay cut which will not cover our $2200 monthly mortgage plus the monthly trustee payment of $559.) He is hanging on to his job by a thread - doing short term odd jobs so he has a charge number and is no longer on overhead which would lead directly in a few months to a 3 and a half month severance package. So basically he is buying himself a little time before he might be laid off. It's hard to imagine he can hold out for 12 more years (let alone 4 years to complete the terms of the bankruptcy agreement.) Of course, there is always high risk, short term contractor postions with no benefits!
          I hope you won't have to move, that your whole family can stay healthy, and you can have some luck to survive this!

          Comment


          • #6
            If the job is less, can your Ch 13 repayment be less?

            Comment


            • #7
              Originally posted by Maria80386 View Post
              If the job is less, can your Ch 13 repayment be less?
              If a debtor's income decreases during a Chap 13, the plan can be modified to lower the payment, but the plan must still be feasible. If the debtor had non-exempt assets they are trying to keep or arrears on secured debt, they may not be able to propose a feasible plan with a reduced payment. If a modification is not possible, then conversion to a Chap 7 or allowing dismissal of the Chap 13 so a new Chap 7 can be filed are options to consider.
              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


              • #8
                I need some more advice. We are in chapter 13, our bring home income has decreased by $500 a month and we’ve accumulated a few medical bills that we are paying on monthly. We got behind on our mortgage due to these circumstances. We reached out to our mortgage company and provided them with all the documents for a loan modification. I reached out to my attorney and was told since the automatic stay had been lifted there wasn’t anything they could do to help us. We got a letter on a Friday 2 days before the set foreclosure date from our mortgage company telling us they needed more documentation for our loan modification. I had already called them once before because we got a similar letter and faxed the information the next day then. Well now they have foreclosed on our home and an investor has bought it. I have met with the investor and they understand our situation and is letting us stay in our home currently till we can figure something out. They don’t rent to people so that’s not an option. Is there anything my attorney could do to get my Home back? Should I get in touch with them again to make sure they understood our income changes? I mean how are we going to even rent something while in BK and now have a foreclosure on our report? We

                Comment


                • #9
                  Originally posted by Cscoggins View Post
                  Is there anything my attorney could do to get my Home back? Should I get in touch with them again to make sure they understood our income changes? I mean how are we going to even rent something while in BK and now have a foreclosure on our report? We
                  If the sale has been completed, the deed has been issued, and/or there is no redemption period (under State non-bankruptcy law), there's nothing you can do.

                  I'm so sorry that you got trapped in this.

                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment


                  • #10
                    In Alabama there is a right of redemption for 12 months.

                    Comment


                    • #11
                      If there is a right of redemption, then you'd have to redeem the certificate of sale within that period. I don't know if a bankruptcy can "cure" that redemption as that's probably a really interesting legal question. If a bankruptcy could cure the redemption,

                      You should seek legal counsel. From my very limited reading of Alabama's 12-month right of redemption, for mortgages after January 2016 (or non-homestead properties), your right to redemption could be waived under certain conditions. One condition is that the new owner must notify you that you have 10 days to vacate... and if you don't, you lose the redemption period. See Alabama 1975, § 6-5-251.

                      Here's an old case that's a little based on this and the fact that the 10-day notice was never given. https://www.leagle.com/decision/1995554193br3611506

                      The thing that I can't answer is whether you could "cure" the reason for the foreclosure, using the redemption as some sort of way to say that you still have some sort of interest in the property.

                      See also http://www.alsb.uscourts.gov/sites/a...s/94-11460.pdf
                      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                      Status: (Auto) Discharged and Closed! 5/10
                      Visit My BKForum Blog: justbroke's Blog


                      I am not an attorney. Any advice provided is not legal advice.

                      Comment

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