Legal type question on foreclosure

[randym431]

My sister ask me this and I didnt know the answer.

You have a mortgage with two borrowers listed (a co-borrower).
The primary borrower is in a chap 13 and the mortgage co. has a stay.
They get behind one or two months, or even late one or two times with the mortgage co. (something so that the mortgage co. files for relief)
And if the mortgage co. files for relief, can the "other" co-borrower then also file a 13 and thus getting a new stay (in effect)?

I didnt know.

[SinkingFast]

They could try, but they should be prepared for MAJOR objections on the part of the mortgage lender. Especially if the co-borrower is a resident of the household.

The original filer should be contacting the attny that filed the original 13 plan to give a heads up on what's going on and get advise on how best to address the issue.

If there's a problem that's gonna cause you trouble making your plan payments or fulfilling your other debt obligations in Ch 13, you're supposed to talk to your attny and have the attny address those issues with the Trustee. The Trustee has the power to ammend the plan, even on a temporary basis, to accomodate a life altering situation.

13inOR had their plan ammended for a couple months to allow them to pay for son's braces. So it can be done.