behind on mortgage

[worried]

I filed Chap 13 two years ago and two to go. The plan is mostly mortgage arrears. I pay my mortgage outside the plan and fell behind. My lawyer says I need more income in the house and maybe get a second job. If he says to maybe get a second job then I must have time yet to make up the missed payments. I asked if I could file Chap 7 but he says I can but he can't save my house. So my daughter gave me 2000.00 to catch up but I am still 3 months behind in my mortgage. Do you think they will foreclose since they haven't already because I was behind for quite some time (on and off for a year) and they haven't done anything. Does it cost them too much to foreclose and also I have been current on my chap 13 payments. This is an FHA loan and wondering if anyone has had any trouble with them. I really can't do a second job right now with my kids. I was also wondering if they would still do a loan modification if they are already in my chap 13 plan. Thanks

[HHM]

Sorry, but I see no reason why the wouldn't foreclose. I suppose it depends on the real estate market, but I am a little surprised they haven't already filed their motion to lift the automatic stay.

[worried]

not sure why

Before I filed the chap 13 and included the arrears it took them almost a year to foreclose. This is an FHA loan and maybe that's why. My interest is 4 percent right now. I also heard that I can seek help from HUD in my area but haven't called them yet. I'm not sure if they help in a bankruptcy. Do you know? Thanks

[Cmonlottery]

3 strikes and your out applies to falling behind on mortgages. You already have two(the first time you fell behind and now). If you have had another during the bankruptcy and have entered into an agreed order then there is not much you can do except try to get it caught up. If you have not entered into an agreed order with the mortgage company then you might still have one strike left.

[worried]

found HUD/FHA documentation-partial claim

I came across the HUD/FHA documentation on the internet and it's very complex. I found that you cannot have a loan modification while in a chap 13 plan but you can have a partial claim. If you are in a chap 7 you have to reaffirm. It doesn't state what the default has to be but it does state that you have to be 4 months behind and you cannot ask for another one for 3 years. I have not gone into an agreed order during the bankruptcy only that I fell behind and got caught up throughout the last year but am behind now. Not sure why my lawyer didn't tell me this stuff. I had to research it myself. I just hope I qualify. Thanks