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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am in 3rd year of 5 year payment for chapter 13. We were

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I am in 3rd year of 5 year payment for chapter 13. We were initially going to keep the home but now decided to let it go so we have not paid the mortgage for a year. We were just contacted by lender requesting payment or they are going to foreclose. Can they Foreclose in the middle of the chapter 13? Can we now change our 13 to a 7 because ultimately we do not want the home?

Roger : Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Yes, the lender can foreclose during the chapter 13 if you've fallen behind on payments. The lender would have to file a motion for relief from the automatic stay with the bankruptcy court in order to foreclose. But, it can be done.
Roger : The lender will first have to get permission from the bankruptcy court to foreclose , but it can be done.

Can we try and change our bankruptcy filing to a 7 now that we do not want the home? Or should we do anything at all? We filed chapter 13 only to keep the home -we did not have a lot of debt? and Do you know how long the court filing process takes the lender "approximately." We are trying to see how much more time we have before we have to leave.-Thanks

Roger : Yes, you can convert your case to a 7. It's not a difficult thing to do, and if the only reason for the. 13 was to keep the home and you no longer want to do that, a conversion may be the best option.
Roger : MIT usually takes about 30 days to get the stay lifted; then the foreclosure process would have to transpire, which will likely take 6 months or so.
Roger : So, you should have time make plans.

Thanks- you really helped and worth every dime:)

Roger : No problem! Thank You for allowing me to assist.
Roger : If you need something further, let me know.
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