Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
So, the bankruptcy stopped the foreclosure. Assuming you've made all mortgage payments and trustee
plan payments, you should be in good shape with the case. I assume that the chapter 13 plan was designed to cure any arrears you had as well.
If you have fallen behind again, they have likely moved to modify the automatic stay
, to start/continue foreclosure.
You have several options - sounds like you've approached most of them - loan modification, etc.
As to whether you have a defense to a foreclosure? Depends on your mortgage contract
and documents. You should have a foreclosure defense attorney read thru them to see if there have been any violations. They can then present the issue to your lender in hopes of negotiating new terms for you. If you no longer want the home, a deed in lieu allows you to transfer title back to them, avoiding foreclosure. The bankruptcy clears any of the debt, and you might want to talk to your bankruptcy lawyer about any modifications to your plan that may be available, including a conversion to chapter 7
Let me know if you have any questions. Thank you.