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JP, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience:  Represented creditors and individuals in bankruptcy and consumer matters.
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I had filled Chapter 13 and it was dismissed (lost job due

Customer Question

I had filled Chapter 13 and it was dismissed (lost job due to accident) because I missed and could not make up my trustee payment. I am & was on Disability and only receiving 50% of my normal income.
I then refilled Chapter 13. (my case was filled in 2005 so I was close to having my case completed) So many debit were paid off.
My insurance company stopped paying my Disability for two months. I made a patricidal payment to the Trustee and mortgage company and explained the delay and they asked for a dismissal .
Judge dismissed the case and said I could not file for 180 days.
Once again my mortgage company picked up the foreclosure process where they left off (Sale Date Set with Trustee)   
What can I do to stop the foreclosure? Why is the Judge not allowing me to refilled? My lawyer said it was because I have filled and had it dismissed so many times? (That was when the laws changed and my case got dismissed 3 time 1- Wrong form filled 2 Form filled incorrectly 3- Due date was not posted on web site properly for or something like that and everyone though they electronic filling had so many days to be filled during the case (Long time ago) I am only saying this because I really feel like it was nobody’s fault these things seemed to happen all the time I was filling to other people with other firms. So why am I being punished. Until my accident I never missed a payment for almost 4 . What can I do? I am desperate!
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  JP replied 7 years ago.

You may want to consider contacting an attorney to pursue a Temporary Restraining Order (TRO) where you will ask a Judge to temporarily stop the foreclosure of your home while you try to figure out a way to keep your property.


Another alternative is to contact the mortgage company directly to see if they will pull and repost your property to another forelcosure date in the future, which will give you more time to figure out how to save your home without the expense of hiring an attorney and going to Court seeking a TRO.


If you have a little time before the foreclosure sale you can consider one of the following options:


a. Special Forbearance: Often referred to as a "work-out plan", this option is a repayment plan based upon your current financial situation and may even provide for a temporary reduction or suspension of your payments.

b. Mortgage Modification: Your lender may allow you to restructure the debt and extend the term of your mortgage loan.

c. Partial Claim: Your lender may be able to work with you to obtain an interest-free loan from HUD to bring your mortgage current, if certain qualifications are met.

d. Project HOPE: By calling 1-888-995-4673, you may find that you qualify for an FHA federal refinance program.

The key for you at this time is to remain in contact with your mortgage company. As a last resort, if you are being forced into a foreclosure and are unable to save your home you can consider contacting your mortgage company about a Deed in Lieu of foreclosure. This is an alternative that will allow you, the homeowner, to simply give the property back to the lender and be able to leave the property behind without having a foreclosure on your credit. You will have to request this alternative. Most mortgage companies are not going to voluntarily let you know this option exists. The only downside with this alternative is that the mortgage company must be in agreement in order to execute the deed in lieu of foreclosure.

I hope you found this information helpful.

Best Regards.