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Is it 120 Days until forclosure process can begin?

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    Is it 120 Days until forclosure process can begin?

    I was discharged almost a year ago and did not reaffirm my mortgage (so glad I didn't). I have not taken on any new debt since outside of a mountain of medical bills.

    At the moment I am trying to pay them off but they keep piling up due to everyone in my house needing medical care. Anyhow, right now I am paying my mortgage 40-45 days late each month. My wife is a professor and doesn't get paid over the summer (also has to stay at home with our special needs kids) so we are trying to keep afloat until September.

    I have read that the foreclosure process cannot begin until people are 120 days late on their mortgage. As I said I am currently 40 or so, I don't expect to fall much more behind outside of a week or two over the summer. BUT I was curious if that is true and if its the same for those who have not reaffirmed? And ya the best idea is to find a cheaper home at this point. But to be honest my house payment is already much lower than even a smaller "not so nice area" one. And uprooting my kids would be a nightmare so I wanted to try and "hang in there".

    If it is in fact 120 I was thinking about letting it drop a few more weeks behind and pay some more of these bills off.

    Thanks for the help!!!

    #2
    Hi...do you have your mortgage document? If so, you need to review it. In my case, our mortgage says 90 days, but I know if you talk to them, they will work with you.
    I'm sorry for everything that's going on with you and your family..I hope things turn around for you. Also, have you tried working out payment arrangements with the
    medical providers you are paying? I know they can be very accommodating if you talk to them. Good luck!
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16

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      #3
      Thanks for responding! Are you talking about the original document? I am sure "somewhere", I am pretty disorganized. I will look for it though. I have a few payment arrangement's setup now but they total around 375 monthly. I have a stack of others that won't take below their "minimum" payment. Considering I am kind of used to dealing with collection calls and everything I have put them aside until I pay the other ones off. I also was hoping that when I do have some extra cash that I can make an offer, I know that sometimes saves people money. However I also keep checking casenet to see if any lawsuits have started. I know it happens more these days, my largest bill is 2200 currently. I tried to pay them 75.00 a month but they demand 185.00 and want a few hundred to setup a plan. Complete BS.

      Thanks for the kind words, considering I have been through BK I feel less stressed dealing with everything. I just hope that the pile on stops, my health insurance is horrible though and I max my deductible out nearly every year. So... /sigh.

      Side note as I said I am about 40 days behind consistently. So far I have never gotten any letters, of course they can't "ask" me for money. I am just hoping at 40 the process doesn't start any day now.

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        #4
        Hi - yes the original, many paged mortgage document you signed when you bought your house (or refinanced). I'm sorry the medical providers won't work with you, that's just wrong. The new health insurance plans for the last couple years have been horrible (high deductible plans). Hopefully you'll catch a break. Of course you could always say please work with me..if not, you may end up with nothing, it's been a bad medical year and I would hope you'ld be willing to work with me.
        I hope you can make things work out.
        Filed Chapter 13 - 07/20/12
        Discharged 8/2/16

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          #5
          I didn't beg them too much. I was pretty irritated and did state why I didn't have that much money. But then of course they aren't always the nicest people. I told them once I get some of the others "that worked with me" paid off I would try and set something up. Of course those places didn't actually help me out.

          Now I am waiting to get sued, I am hoping if they do it wont be for awhile longer. MAYBE at that point I can work something out. Thanks for the help!

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