Posted by: admin in chapter 13 banruptcy attorney on
Jacqi L asked:
Okay, here is the deal. My husband and I filed Chapter 13 bankruptcy in August (we included our mortgage) Well, we had a baby a week after filing bankruptcy and i was out of work for 3 months and also when we filed bankruptcy my husband was unemployed. So needless to say we have fallen behind on our mortgage AGAIN! We owe for October, November and December……
I am back at work and my husband has since gotten a full time job, but we are unable to make all 3 payments at once…Does anyone have any suggestions on what to do? Will we lose our home? I called my attorney, and they have yet to call me back. I called the mortgage company and offered 1 payment and they told me to contact the attorney..Any help would be appreciated!
Responses are currently closed, but you can trackback from your own site.
Okay, here is the deal. My husband and I filed Chapter 13 bankruptcy in August (we included our mortgage) Well, we had a baby a week after filing bankruptcy and i was out of work for 3 months and also when we filed bankruptcy my husband was unemployed. So needless to say we have fallen behind on our mortgage AGAIN! We owe for October, November and December……
I am back at work and my husband has since gotten a full time job, but we are unable to make all 3 payments at once…Does anyone have any suggestions on what to do? Will we lose our home? I called my attorney, and they have yet to call me back. I called the mortgage company and offered 1 payment and they told me to contact the attorney..Any help would be appreciated!
When you say you filed Chapter 13 bankruptcy do you mean the papers were filed or it was granted? If you are working on the payment plan and have not been able to meet your obligation then you may be in very difficult situaiton in which you attorney will have to advise you as the laws in this area is quite complex.
Mortgage workouts during the course of a Ch 13 bankruptcy are actually quite common. Think about it: people are on a 3-5 year Plan to repay creditors … in the course of 3-5 years “stuff happens.”
Get in touch with your bankruptcy attorney IMMEDIATELY.
Your bankruptcy attorney probably offers mortgage work-out services (the law office in which I worked did this; in fact we had one full time person who did nothing but negotiate mortgage work-outs for people who were in Ch 13s who had gotten behind in their mortgage payments). There will probably be a charge for this service (it would not have typically been included in the fee you paid for filing your bankruptcy), but if you are in danger of losing your home, you might find it worth it to pay the fee. Where I worked it was pretty nominal.
That said – YOU NEED TO DO THIS RIGHT AWAY. 3 months behind on mortgage payments while in a Ch 13 is VERY close to the point where it is too late to fix it.
Also — if you had the baby a week after you filed … did your attorney not discuss with you whether your income would continue at the same level after the baby was born? That is somewhat distressing. Most people have some reduction of income while they are on FMLA (at very least) while having a baby. You should have discussed this with your attorney before you filed.
BUT … what’s done is done. Call your attorney IMMEDIATELY and ask if it is too late to negotiate a mortgage work-out.