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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My husband is on permanent disability. We had to file chapter

Resolved Question:

My husband is on permanent disability. We had to file chapter 13 due to medical bills. We were instructed by the trustee to move as our house would be foreclosed so we did. Our mortgage company served us with papers. Regarding the house. States they are proceeding with foreclosure but we can pay the four months and get our house back. W are very frustrated because we moved unnecessarily. Now we are unsure what to do. D we move back. Can we roll back four months into new mortgage. We have lived in the house for six years and have never missed or been late on a payment.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi JACustomer,

1) Why were you told the house would foreclose if you were current with the mortgage payments?

2) Is the Chapter 13 still in progress?

Customer: replied 6 years ago.

The Chapter 13 is still in progress. we have 3 years left to pay. we have paid 2 years.

We contacted the mortgage company to try to try and get our interest rate lower and modify our mortgage so we were not so strapped. They told us there was nothing we could do until we were 4 months delinquent. Then we were told house would foreclose and there was nothing they could do and we needed to vacate. so we did now we received papers stating house in going into foreclosure but if we pay the 4 months we can have house back. I feel like we were scammed. they said couldnt do anything cause of the chapter 13. so now what to do.

Expert:  cfortunato replied 6 years ago.

What you described happens frequently. What did you do with the money for the mortgage for the 4 months you did not pay it?

Customer: replied 6 years ago.
we are in an apartment
Expert:  cfortunato replied 6 years ago.

It is too late now, but you did not have to move. Homeowners who are in the process of foreclosure do not have to move until the house is actually sold at an auction - which can take years. However, even though you move out, you do have the right to move back in, whether or not the bank works with you.

In any event, under the circumstances, the bank can - but does not have to - add the 4 months' payments to the end of the mortgage period.


I think this is what you wanted to know. If not, please let me know.
Thank you!

cfortunato and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
so should we now contact the bank and see if they will work with us so we can move back? what is the likelyhood that they will.
Expert:  cfortunato replied 6 years ago.

Thank your for accepting my answer! And thank you for the bonus!

You can move back into your home - as it is still yours - whether or not the bank will work with you. If the bank will not work with you - if they will not allow you to add the 4 months to the end of the mortgage - you can live in the home until the house forecloses - until it actually sells at an auction.

Under the circumstances, it would be foolish of the bank to not allow you to add the 4 months payments to the end of your mortgage, especially since the only reason you withheld those payments was because the bank told you to.


Customer: replied 6 years ago.

thanks for your assistance. hope all works out