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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19492
Experience:  B.A.; M.B.A.; J.D.
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Were in chapter 13 over 9 months, my chapter 13 payment included

Customer Question

We're in chapter 13 over 9 months, my chapter 13 payment included mortgage( past due and current payment) car loan. start this month I lost my job, our income source just have my husband job. We might not caught up chapter 13 payment; we requested mortgage company/Chase to modify our current loan. However; Chase took over 2 months and never done anything. What can we do now? We still wanna keep our house? Can we file something to force Chase to modify the loan?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



Question
: We're in chapter 13 over 9 months, my chapter 13 payment included mortgage( past due and current payment) car loan. start this month I lost my job, our income source just have my husband job. We might not caught up chapter 13 payment; we requested mortgage company/Chase to modify our current loan. However; Chase took over 2 months and never done anything. What can we do now? We still wanna keep our house? Can we file something to force Chase to modify the loan?


Response: Unfortunately, you do not have very good options here. If you are behind on your mortgage, then you have to stay in a Chapter 13. You cannot convert to Chapter 7 even if you meet the income test because if you do, the lender would file a Motion for Relief from the Automatic Stay for permission from the Bankruptcy Court to proceed with the foreclosure of your home. However, the lender here, JP Mortgage Chase, may be forced to do a loan modification for you because it is one the lenders/servicers that reached mortgage settlement with the federal government and some states 'Attorneys General offices to help distressed homeowners. California Attorney General's Office happens to be amongst them. Click here for more information on the settlement and how you may take advantage of that settlement to force Chase to modify the loan for you.




http://oag.ca.gov/nationalmortgagesettlement