Reaaly need Advice! BK13

[carolinaliving]

We filed 13 to save our home. We were paying the trustee 1700 and the house 3600 now they(trustee) start taking 800.00 out of my husband's paycheck because they would rather garnish than we send it in which has always been on time. this has made things very difficult. The lawyer is an insensitive moron who doesn't care. The mortgage company(Wilshire) and the court has now increased it now to 1900 instead of 1700. We are now missing payments because we can't keep up. My job is in the field and i have to use the car daily to get around. This eats up my paycheck. We have 3 children and if we didn't love our home i would just let it go. Is hope now an option? Where can we go...can we go to the courts on our own or call the trustee?

[rrockinggramma]

For FHA you have to have been in your chapter 13 for 1 year with NO missed trustee payments. But it is always worth checking out

[AngelinaCat]

...can we go to the courts on our own or call the trustee?

No. As long as your attorney's name is on your case file as 'attorney of record', the trustee's office will not talk to you. You will have to get your attorney to resign from your case --unlikely to happen--or file a motion with the court to 'Dismiss Attorney and Proceed Pro Se'. Then you will be scheduled for a hearing in about 30 days. We are attempting to discharge our worthless attorney. Our hearing is August 6. We will keep you posted.

Good luck.

[Flamingo]

We filed 13 to save our home. We were paying the trustee 1700 and the house 3600 now they(trustee) start taking 800.00 out of my husband's paycheck because they would rather garnish than we send it in which has always been on time. this has made things very difficult. The lawyer is an insensitive moron who doesn't care. The mortgage company(Wilshire) and the court has now increased it now to 1900 instead of 1700. We are now missing payments because we can't keep up. My job is in the field and i have to use the car daily to get around. This eats up my paycheck. We have 3 children and if we didn't love our home i would just let it go. Is hope now an option? Where can we go...can we go to the courts on our own or call the trustee?

As to the garnishment of your Plan payment - that is not up to your attorney but your Trustee. If you were sending it in to the Trustee previously, what occurred for that to be changed? Some districts require garnishment from paychecks for the plan payment. As to the mortgage company increase, sounds like either your taxes/escrow increased (did you have a shortage?) or did you have an ARM and the percentage rose on the payment?

Due to the increases you mention you should contact your attorney about that and look into possibly having your Plan modified. You must also truly think about if you can really afford to keep the house.

Best of luck to you!

[carolinaliving]

The new thing that Bush signed will that help us?

[NowImDownInIt]

That would be FHA and as rrockinggramma said, you have to be in your ch 13 with no missed payments to your plan. You also have to prove that you can afford the new mortgage.

[Flamingo]

The new thing that Bush signed will that help us?

It will help as to low interest loans that would be available to those in the foreclosure process to save their home....lots of people think they will get "free equity" out of it but that won't happen....if that did occur there would be such a riot among people who pay their mortgages on time so bad I don't think the banking industry/mortgage industry would ever recover!