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Late mortgage payments during chapter 13 plan

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    Late mortgage payments during chapter 13 plan

    Due to unexpected(some cases increased) expenses and occassional poor budgeting I have made my payments to my mortgage and 2nd mortgage a couple of times after the grace period over the last few months. I am almost two years into a plan and sometimes it is hard to make these payments on time, however I always pay them within the month due. I am so paranoid that they are plotting to lift the automatic stay that it makes me sick. I wish I could always pay on time but our plan is so tight that it is not always possible. Anyone have any experience with their plan and making late mortgage payments (lifting the stay)etc. Do mortgage companies want(or go after your house) because they are receiving late payments. I dont want to jeopordize my case and I dont want to ammend my plan. Its just that sometimes in a given month you have more expenses than anticipated.

    A side note for anyone thinking of a chapter 13
    List all your expenses and aim high you only get one shot. You have to even anticipate future expenses; especially when you have kids. I did not realize how much more money I needed for my kids every year they get older. Cleats, field trips, lunch money, birthay parties, beds, clothes, dentists etc.etc.etc.
    Thanks

    #2
    I experienced this. Our mortgage company filed a motion to lift the stay only after we had missed payments altogether. Our lawyer filed a motion also which allowed the automatic stay, and just by adding more to our mortgage each month to pay what we were behind.
    The mortgage companies really want their money not the house.
    It's not good to pay late, but paying late is better that not paying at all. I'm not an expert just experienced. We just paid off our 13, 12 months early and because we had finally begin to pay our mortgage on time, they used that as a form of credit history. We refinanced our house at a 7.5 % rate.

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      #3
      My mortgage was paid thru wage garnishment to my trustee. I ended up quitting my job. I got behind on payments, then caught up, got behind, then caught up. I received something in the mail stating that I had to pay it up, but couldn't and my attorney worked out a payment plan with me and the trustee. I had to pay a couple hundered extra a month. I had a court order to maintain payments or my case would be dismissed. I ended up converting to a chapter 7 due to not being able to keep up with the payments and other unexpected bills, too.

      I never recieved anything from them about a "lift of stay" the whole time.

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        #4
        Hello, I've been away from the forum for a while but here's a quick update. Just refiled our 13 in Sept. and made the mortgage payment on time for October. For November, on time too but had to use my overdraft from the bank (my car tires went out and cost me just over $200 for two new ones...even looked for used ones but no one had my size) One thing I've learned a 13 plan doesn't assume any of these "unexpected" expenses!

        Anyway, am sweating getting the December Mortgage payment in by the 1st. I get paid shortly after the 1st but hate using my overdraft because it cost me $25 each time. I only get paid twice a month so it's been feast or famine. I dunno, just can't seem to stay on "budget" with all different due dates all the time

        Debating what to do just get it in and suck up another $25 or let it ride until my payday...
        re-filed sept '07.... here we go again!

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          #5
          Originally posted by dylancarly View Post
          Due to unexpected(some cases increased) expenses and occassional poor budgeting I have made my payments to my mortgage and 2nd mortgage a couple of times after the grace period over the last few months. I am almost two years into a plan and sometimes it is hard to make these payments on time, however I always pay them within the month due. I am so paranoid that they are plotting to lift the automatic stay that it makes me sick. I wish I could always pay on time but our plan is so tight that it is not always possible. Anyone have any experience with their plan and making late mortgage payments (lifting the stay)etc. Do mortgage companies want(or go after your house) because they are receiving late payments. I dont want to jeopordize my case and I dont want to ammend my plan. Its just that sometimes in a given month you have more expenses than anticipated.
          A side note for anyone thinking of a chapter 13
          List all your expenses and aim high you only get one shot. You have to even anticipate future expenses; especially when you have kids. I did not realize how much more money I needed for my kids every year they get older. Cleats, field trips, lunch money, birthay parties, beds, clothes, dentists etc.etc.etc.
          Thanks
          Chapter 13 is not a walk in the park but you can get through it as tough as it can be. If you are having difficulty making your mortgage payments, call your attorney and advise him/her immediately. It is possible your Plan can be modified. Do not be late or miss any payments on any bill during your Plan years; same for your Plan payments to the Trustee. When one first files for Chapter 13, it is difficult to accurately know what can and will occur during a Chapter 13 (you will need new tires for vehicles, car repairs will occur sometimes costing major bucks, something in the house will need to be repaired or replaced, etc.). Sometimes I wonder how we made it through 5 years but we did and we would not have made it if we did not have the support of good family and friends who were there when we needed them either to help out with house or vehicle repairs (they were handy with those) or lending cash that we would pay later (and we did). However, if you find you are consistently being late as you state you are, it's best to review the situatoin with your attorney. Hang in there; while it is tough, after two years you don't want to upset the cart now.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

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