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Fell Behind 5 months on home loan due to loss of work


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Hello All, 

 

I am really seeking help as I am in a really bad place at the moment. I bought a home in 2016, I have made every payment in 2016, 2017, and Jan & Feb or 2018. I am currently now 5 months past due and got a intent to foreclose two weeks ago and today I got a letter from lawyer saying they been retained by Company to foreclose. I fell behind due to job loss, divorce, and really high child support payments. I contacted the bank with my new paystubs and the information they requested which was sent back because, they said I forgot to sign it and i missed a paystub. The total I currently owe them is $8,190.00. I am scramblling to get 4 months payment right now to pay them in hopes that they will work out a payment plan with me so that I can get caught up. I retained a lawyer last week as well just to be on the safe side. I was thinking about filing Chapter 13 to help stop this and get back on track. I currently now earn $98,000 per year my lawyer said I passed the Means Test, and he can have my car as well included into the 13. Which currently have $6500 negative equity in it my home I purchased it for $252K in 2016. My lawyer got some current market price for it which came back at $220K. So apparently, I have no positive equity in the house. I want to keep my home which is a FHA loan, and I am now working so I will be able to make the monthly payments going forward. Question for current or previous Chapter 13 filers will I have to pay my current payment of $1,633 and all the past due of $1,633 as well if I went into a 3-5 year plan or will I be paying the current amount and a portion of the past due within the 3-5 years. I think I will resend the paperwork to them tomorrow, and see if they can take 3 or 4 months payment to stop foreclosure and allow me to workout some sort of repayment plan to get caught up. What to anyone of you out there think is the best solution or direction I should now move in? Thanks for any advice.

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  • 1 month later...

Hi TelfonCat,

 

The mortgage arrears  are all included in the chap 13 plan.  Once you file Ch13 all foreclosures come to a stop at least that's what happened for me.  You will be on a 5 year plan.  Your reg mortgage will stay the same and a portion of the arrears will be added.  I would not suggest paying anything prior to the Chap 13.  Just put everything in the plan and let your lawyer do the work it will all work out.  Once you file the foreclosure stops so try not to worry.

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9 hours ago, smithma said:

Hi TelfonCat,

 

The mortgage arrears  are all included in the chap 13 plan.  Once you file Ch13 all foreclosures come to a stop at least that's what happened for me.  You will be on a 5 year plan.  Your reg mortgage will stay the same and a portion of the arrears will be added.  I would not suggest paying anything prior to the Chap 13.  Just put everything in the plan and let your lawyer do the work it will all work out.  Once you file the foreclosure stops so try not to worry.

Thanks for the reply. Question will I be making one monthly payment? I was told let say my plan payment amount is $1800 per month, I must still make my regular home loan payment & car loan. Is this correct?

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Good morning Teflon Cat,

 

I think you need to clarify with your lawyer my mortgage, mortgage arrears and car payment are all within my plan.  I only pay my reg bills (cable, cell phone, hoa fees etc) outside the plan.  So I will be caught up on everything at the end of my 5 years.  My car won't be paid off because I was dumb enough to sign a 6 year loan, but I will only be a few months left before paying it off.

 

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Good luck with finding another attorney.  My first attorney really didn't do a great job so I terminated him and ended up with a new attorney who thought I could get into a Chap 7.  Needless to say I could not pass the means test so I ended up modifying my Chap 13 which cost me more $$.  It's really hard to find a great attorney I say it's worth doing the work to find the best one.  I ended up paying this new attorney more $ for nothing basically, but lesson learned.  I have 46 more months and I'm done with this and will NEVER view credit the same again!!  Hang in there, and try to make 1 payment that's what I do I put everything in the plan except for things that couldn't be in the plan.  

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