Does this sound right to anyone in GA about my house???
Hello fellow Georgians in Ch 13,
I filed Ch13 in 11/2004 w/ my now ex-husband. We divorced in 09/07 and I got the mobile home because of the kids. I have found out it has depreciated by $11k or more. The house was listed but not included in the payment plan because the loan ofcourse goes outside of 5yrs. My ex and I went through a lawyer mill(which I recommend everyone NOT do). You get a different lawyer everytime you need to talk to them-very frustrating! I am now moving an hour away and one very young lawyer new to field stated my ex and I would have to sign a surrender form to hand this money trap of a house over to the courts and they would re-do our plan, since the bankruptcy is almost over it would only add 1% of the amount the courts don't get out of selling the house. Since we are $1000 ahead on our payments it should not make a difference if any in our plan and the date of discharge. We spoke to a different lawyer w/ the same firm and he stated under GA BK13 law there is NO surrender paper to sign and I just need NOT pay the house payment and it would go through the foreclosure process but since it was listed on the mailing list the mortgage company would have to take what they could get for selling it themselves and it would leave me and my ex w/ no further obligation and would be also considered discharged w/ the rest of our bankruptcy. Does anyone have an opinion on which one they think is right?
Has anyone experienced the same situation?
I filed Ch13 in 11/2004 w/ my now ex-husband. We divorced in 09/07 and I got the mobile home because of the kids. I have found out it has depreciated by $11k or more. The house was listed but not included in the payment plan because the loan ofcourse goes outside of 5yrs. My ex and I went through a lawyer mill(which I recommend everyone NOT do). You get a different lawyer everytime you need to talk to them-very frustrating! I am now moving an hour away and one very young lawyer new to field stated my ex and I would have to sign a surrender form to hand this money trap of a house over to the courts and they would re-do our plan, since the bankruptcy is almost over it would only add 1% of the amount the courts don't get out of selling the house. Since we are $1000 ahead on our payments it should not make a difference if any in our plan and the date of discharge. We spoke to a different lawyer w/ the same firm and he stated under GA BK13 law there is NO surrender paper to sign and I just need NOT pay the house payment and it would go through the foreclosure process but since it was listed on the mailing list the mortgage company would have to take what they could get for selling it themselves and it would leave me and my ex w/ no further obligation and would be also considered discharged w/ the rest of our bankruptcy. Does anyone have an opinion on which one they think is right?
Has anyone experienced the same situation?
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