QUESTION

If chapter 13 is filed, how does house get effected?

Asked on Aug 17th, 2016 on Bankruptcy - Wisconsin
More details to this question:
Home is under water, $300,000 owed and appraised $175,000. House is the primary residence of children in on going custody/divorce and minor children want to stay in home until finished with school. We want to keep the home.
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6 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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You can keep the house in a chapter 13 by including and past due payments in the plan. Since this house is way upside down, it's probably not a good financial decision to keep it.
Answered on Sep 15th, 2016 at 10:46 AM

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Bankruptcy Attorney serving Las Vegas, NV
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If you keep making the mortgage payment you can keep the home.
Answered on Sep 12th, 2016 at 4:51 AM

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Landlord & Tenant Attorney serving Thibodaux, LA at The Louque Law Firm, L.L.C.
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You cannot modify the terms of a mortgage when it is for a primary residence. If the first mortgage is $300,000 for a house worth $175,000 you cannot reduce the mortgage claim to $175,000 without the mortgage lender's consent (Hint: they will not consent). If you cannot pay the note as it currently stands, you need to be honest with yourself and admit that and consider other alternatives because a Chapter 13 will only be a temporary fix before you lose the house (pretty quickly) anyway.
Answered on Sep 12th, 2016 at 4:51 AM

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Chapter 13 does not allow you to force the mortgage company to accept less than you owe on the house, so the only way a chapter 13 would help is to allow you time to catch up if you are in arrears, and maybe buy you some time while you apply for a loan modification to reduce some of the principal or the monthly payment. Unless you can continue to make the regular mortgage payments and cure any arrearage in 5 years or less, it's too bad what the children want, you will have to move or work out a sell and rent back deal with the lender.
Answered on Sep 12th, 2016 at 4:50 AM

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Bankruptcy Attorney serving Schenectady, NY
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They should not be a problem doing what you're trying to do as there is no equity and no assets with his trusty to sell.
Answered on Sep 12th, 2016 at 4:50 AM

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Surely you have discussed the options with your lawyer. If you have not retained a lawyer, it's almost always a good idea to do so, even at this point. If you are current on payments on the mortgage, then if you just keep paying (and say so in your Ch. 13 Plan), then nothing in the mortgage relationship should change. If you are in arrears on the mortgage, a Ch. 13 Plan can be used to make up those arrears in 60 monthly payments, usually without interest. You might want to make a hard decision which your children will not like, and that is to surrender the house to the mortgage-lender. Either get an agreement that they will waive the deficiency (very important) or surrender it through your Ch. 13 Plan.
Answered on Sep 09th, 2016 at 5:17 PM

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