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Chap 13/Foreclosure. HELP ASAP

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Lasardo
Established Contributor

Chap 13/Foreclosure. HELP ASAP

For starters keep in mind my lawyer SUCKS! He has overcharged me and doesn't return calls which is beside the point, I'll deal with him later for now my house is priority.
He suggested a Chapter 13 which he filed on my Forclosure date. The Forclosure was then "suspended." By the mortgage company. It is now 2 1/2 months later and I have another Forclosure date for 7/29/16 on public record per realtor who I have listed my house through which my lawyer suggested to do.
Questions:
1. Can I file chapter 7 or will there be barriers that the lawyer suggested supposedly I have.
2. Can I file by myself in time?
3. Should I advice the mortgage company I want to sale the house?
- Keep in mind I spoke to the mortgage company 10 days ago who advised I am ok per the "hold" on the Forclosure since I filed chapter 13 on 4/21/2026.
Fact: I have a problem with the HOA who has a lien on the house for $900 which lawyer said realtor has to go to courts to release title to sale. 30 days to sale.
Fact: my house is for sale at $183,400, pay off is $119,000 so I do not have negative equity.
Fact: I am totally behind on mortgage and payment to creditors.
Question: I am on SSD and qualify for a Occupied Conveyance through HUD. How long do I have to apply or I already applied prior and qualified. Do I resubmit?

I would like to keep my home if at all possible since not only is my income limited and would not qualify, my credit score is now 534 compared to 782 when I purchased the home 12/31/13.

Please advice ASAP.

Thank you in advance!



CS 728- 01/13 from 554-12/11
Goal: 800
Message 1 of 3
2 REPLIES 2
sccredit
Valued Contributor

Re: Chap 13/Foreclosure. HELP ASAP

If you are in BK the lender cannot sell the home without a motion for relief from stay.  

Message 2 of 3
despritfreya
Frequent Contributor

Re: Chap 13/Foreclosure. HELP ASAP

Let me rephrase and answer:

 

Two and a half months ago I filed Chapter 13 to stop the foreclosure of my home. Public records show that the foreclosure has been continued to July 29, 2016. My house is currently listed for sale.

 

Edt to add. . . Lender will continue the foreclosure on a monthly or so basis until the protection of the automatic stay is removed.  This is normal.

 

1. Can I file chapter 7.

 

If you qualified for a Chapter 7 on the day you filed the Chapter 13, you can convert your case to a Chapter 7. Chapter 7 will not help you “save” your home.

 

2. Can I file by myself in time?

 

You can fire your attny and represent yourself. Probably not a good idea. If you do not like your current attny try to find someone else willing to take over the representation.

 

3. Should I advice the mortgage company I want to sale the house?

 

Doesn’t matter. All the lender cares about is getting its money. If you can pay it off before a foreclosure is completed - great. Just remember, if you have not resumed regular monthly payments as required in a Chapter 13, chances are you will not find a buyer and close on a sale before the lender gets the protection of the automatic stay lifted and completes it foreclosure.

 

4. My house is for sale at $183,400, pay off is $119,000.

 

Does not matter if you cannot make payments and/or sell the home before it is lost to a foreclosure.

 

5. I am on SSD and qualify for a Occupied Conveyance through HUD. How long do I have to apply or I already applied prior and qualified. Do I resubmit?

 

Cannot answer as I am not familiar with such a program. Hopefully someone else will chime in.

 

6. I would like to keep my home if at all possible.

 

Then you need to stay in the Chapter 13 and propose a Plan that pays back all of the arrears while you resume your regular monthly payments to the lender. Alternatively, try for a loan modification under some program that has nothing to do with bk.

 

Des.

 

 

Message 3 of 3
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