QUESTION
Will we be able to stay in the home and make voluntary payments on the mortgage even though we are so far behind?
Asked on Jun 20th, 2017 on Bankruptcy - California
More details to this question:
We are extremely behind on our mortgage and have been trying to do a work out with our servicer for about 2 years. We recently filed chapter 7 and our lawyer encouraged us to include the mortgage due to being put into foreclosure so many times. Will they just re-start the foreclosure process immediately post discharge?
6 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Yes, the lender will restart foreclosure. It appears that Chapter 13 would be a better choice.
Answered on Sep 14th, 2017 at 3:44 AM
You should have filed a Chapter 13, however, I have not one shred of paper in front of me, so it is hard to advise you this way.
Answered on Sep 11th, 2017 at 10:30 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You have a lawyer, so why are you asking this site for information which he or she is paid to provide you? That said, the creditor can ask the Court for Relief from Stay, or just wait 90 days or so until the discharge, to proceed with the foreclosure. If you could afford it, you could do a Ch. 13 in which you catch up on the arrearage over 60 months, and also resume making the regular scheduled payments. That can be very harsh on your cash flow. Or you can try to negotiate something with the creditor. That is not frequently successful, but it seems worth a try.
Answered on Sep 08th, 2017 at 7:42 AM
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It is up to the mortgage company. They might be more inclined to work with you now that you have no other debt. They might also want to foreclose since home values have risen recently. You should resume making payments, submit a new loan modification packet, and discuss the possibility of a chapter 13 with a qualified attorney. A chapter 13 will give you time to make up the missed payments. You can still file a chapter 13 even though you have already filed a chapter 7.
Answered on Sep 08th, 2017 at 7:41 AM
Predicting what a mortgage service might do is too unpredictable to offer you a solid answer. However, after a Chapter 7 discharge, the foreclosure process can resume FROM WHERE IT STOPPED at the time you filed bankruptcy. So if you were on day 59 of a 60 day notice in scheduling a foreclosure sale, the foreclosure agent only needs to wait one more day before scheduling this foreclosure sale.
Answered on Sep 08th, 2017 at 7:41 AM
Filing bankruptcy chapter 7 will only serve as a temporary stay for the mortgagee. They will most likely file a motion to lift the stay to proceed in foreclosure well before your bankruptcy is concluded and your debt discharged.
Answered on Sep 07th, 2017 at 9:42 AM