Missed mortgage payment

[rjl0206]

To all,


I may end up missing this months mortgage (1st time) due to wifes major car repair ($2500), I called and offered to see if I can pay partial for now but the want the payment in whole, I dont know if I can play the whole catch up game now and with me planning to file bk in may/june who will this affect my BK? 1-2 months behind on mortgage is not a good thing!!!...

Ray

[lrprn]

I may end up missing this months mortgage (1st time) due to wifes major car repair ($2500), ... with me planning to file bk in may/june who will this affect my BK?

Ray, since you are posting in the Ch 13 forum, I assume you are planning to file Ch 13 in a few months. If you are, then you can be behind in your mortgage payments and still file. Your lawyer will just roll the overdue house payments into your Ch 13 plan. Only Ch 7 filers have to be up to date with payments on filing day to keep their home.

If you already have a lawyer picked out, please discuss this with him/her. If you don't, then I would contact your mortgage lender now and let them know that you will be late with a payment to see if they are willing to allow a late payment now without penalty. If they aren't (and they probably won't be), then it's likely that you can get behind a month on your house payments (making all the others on time after this missed one), still file Ch 13 in May/June, and still keep your home. An experienced bk lawyer in your area can tell you what to expect in your local court.

[Lajazz947]

Ray, since you are posting in the Ch 13 forum, I assume you are planning to file Ch 13 in a few months. If you are, then you can be behind in your mortgage payments and still file. Your lawyer will just roll the overdue house payments into your Ch 13 plan. Only Ch 7 filers have to be up to date with payments on filing day to keep their home.

If you already have a lawyer picked out, please discuss this with him/her. If you don't, then I would contact your mortgage lender now and let them know that you will be late with a payment to see if they are willing to allow a late payment now without penalty. If they aren't (and they probably won't be), then it's likely that you can get behind a month on your house payments (making all the others on time after this missed one), still file Ch 13 in May/June, and still keep your home. An experienced bk lawyer in your area can tell you what to expect in your local court.

What if I was current when I filed but miss payments during the filing.

I have held back a payment until I see if I am a 7 or 13.

Thanks.