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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24870
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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If I am in Chapter 13 can I get a mortgage forebearance

Resolved Question:

If I am in Chapter 13 can I get a mortgage forebearance
Submitted: 8 years ago.
Category: Legal
Expert:  Law Pro replied 8 years ago.

Absolutely - A Forbearance Plan - This process involves the reduction or suspension of payments for a period of time followed by a period of time during which the deferred payments are made up, similar to the repayment plan.


Repayment Plan - This process involves making up the amount past due over a period of months by paying a full payment plus a partial payment on the past due balance each month. You will be required to give your lender a cast contribution equivalent to 40-50% of your total arrears (total of late payments, bank fees and attorneys fees). Coming up with such a lump sum is quite difficult for homeowners who just faced a hardship. That is when working with Foreclosure Solutions USA can be very beneficial. We are able to give you some time to come up with some money to offer your lender.


Basically you want to establish a workout agreement with your lender - there are other "loss mitigation" options to consider - but you'll have to make the presentation to the lender and have them accept.

Customer: replied 8 years ago.

Do the courts have to do anything to allow me to talk to the lender for a Forebearance plan since I am in chapter 13. Do I need to inform the Trustee of my chapter 13?

Expert:  Law Pro replied 8 years ago.
No, you can talk directly to the lender - anything that you and the lender agree upon will have to be approved by the Trustee though - which wouldn't be a problem.
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