What a mess! HELP!

[ffishgal]

Last year, my husband got behind in his mortgage payments and he alone filed Chapter 13 here in Florida. In the meantime, he didn't make his payments on time (he was on commission and the job was going down the tubes). He was dismissed twice from Chapter 13. Now, there's going to be a sale date on our home on Feb. 23. We have a really bad mortgage waiting in the wings but before we commit to that....

I'm not on the mortgage but I am on the deed. QUESTION: Under the new laws, am I able to file Chapter 13 to stop the bankruptcy or will they consider it abuse because it is repeated filings on the same property? Again, I was not involved in the other previous filings other than the fact that I am co-owner on the deed. The first mortgage is about 100K, a second of 20K and arrrears of around 30K. We have another 100K in equity.

HELP QUICK!!

Thanks.

[Minnymouth]

Since you were not part of the original Chapter 13 filing but on the deed, yes you can probably file a Chapter 13.

BUT - the court may not allow it since the only reason is to stop the foreclosure on the home and sale...... and the process may have already gone past the "fix" state....

If you file 13 - you would have to catch up all arrears as far as the morgage payments are concerned in good "faith" before they would even consider stopping the foreclosure and sale (since it has already gone this far).

You really need to contact an attorney and see what they say about the issue. Consultation is usually free.....

In fact if you used an attorney for the original Chapter 13, he would be the one to talk too.....

Especially since 2 Chapter 13's have already been dismissed..... STICKY ISSUE............

Let us know what you find out.....

[SinkingFast]

Don't fall for it, Gal.

He's a snake, trolling the board, looking for victims.

Try contacting some reputable, local lenders. They will tell you truthfully whether or not you can refi. If reputable lenders say No, then it's a sure thing this guy's only interest in you is his commission. He could care less if you can keep up the payments a year or more from now.

Been there, done that myself. A guy like him is a chunk of the reason we are here today, considering BK. Please learn from our horrible experience and just say NO!

[StaciMM]

SinkingFast-A mod will come along and remove his post, I"m guessing. Could you edit your quote to block out his phone #?

[Minnymouth]

Thats okay StaciMM - it got took care of....

Why when we tell them "No Soliciting" - they don't know what that means.......

[SinkingFast]

TY Minny for fixing that.

I guess I musta just done a block quote and didn't come back to see Staci's comment.

I shoulda edited the quote before I posted.