I am about 1 week late on my mortgage pmt after filing chapter 7 will they wait until discharge to foreclose if it is not paid by then or will they foreclose now in the middle of bk we did not reaffirm the debt
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Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out. -
I do intend to pay it but we are just behind 1 week and will have it in 1 more week but I know they are not happy about the bk filing anyway so can the foreclose in the middle of bk opr do they have to file a motion what can happen?Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out. -
Is your plan to give up your house in the BK? Are you upside down on your mortgage?
Generally mtg companies do not foreclose until you go at least 90 days late. 1 week certainly is no big deal.
Good luckComment
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No we did not plan on giving it up in the bk and we are not upside down in the mortgage but I just wanted to know the effect of being late while in the middle of the chapter 7 we have already had our 341 meetingSometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.Comment
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Your mortgage company only cares about getting their money back. They don't care if you're in BK as long as you pay. I would make sure not to be 30 days late and get caught back up ASAP and if you feel the need to tell them what's going on I would just be honest with them since you do intend to keep the mortgage.
LoganComment
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They may file a motion for relief from stay. You are not supposed to get behind on your mortgage during a chapter 7. If they do file a motion for relief you will have another court date, although if you filed with an attorney they may go for you. It happened to me and we were only a little over 2 weeks late and had to end up paying several hundred dollars for the mortgage companies attorney fees. I was not happy! As long as you can get the payment made you should be okay even if you have to go to court but try not too let it get that far.chap 7 discharge 06/07Comment
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If we get that far behind and decide to give it up what do we do as far as paperwork or do we just call and say you can have it or do we still need another court date.Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.Comment
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Do you think if we call the mortgage co and offer to reaffirm if they put our pmt off for a month or soSometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.Comment
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No...you'd have trouble doing that out of BK....Comment
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So if they do file a motion for relief from stay and I dont object & they foreclose on the house will any deficent balance be discharged or will I actually owe that balance? Can my entire case be dismissed for non payment of my mortgage if they file a request for relief from stay?Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.Comment
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As long as you did not reaffirm your mortgage, then if your lender forecloses, you do not owe the balance after they sell the home at auction.Originally posted by familyof7 View Post
No. Your Ch 7 case can be dismissed by the trustee or US trustee only if 'substantial abuse' or not filing 'in good faith' can be proven. It's not unusual to try to save your house in Ch 7 and then figure out after filing that you can't make the mortgage payments. As long as there's no signed reaffirmation agreement agreed to by the lender, you can walk away from the house owing nothing.Can my entire case be dismissed for non payment of my mortgage if they file a request for relief from stay?I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to goComment
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