Legal Question in Bankruptcy in Virginia

Foreclosure

Three years ago I filed a Chapter 13 bankruptcy. We did not our include the mortgage in my Chapter 13. The mortgage is in my husband's name. He sis not file Chapter 13, only me. My name is on the dded, but not on the loan. We fell behind on our mortgage payments when I lost my job in July of last year. We tried several times to reach an agreement with our mortgage company without success. We were finally able to reach an agreement that would fit into our budget working with the loss mitigation department. We were to make three monthly payments and then they were to re structure the loan. We made the first two payments and three days after we made the second payment, the mortgage company's attorney filed a Motion for relief from from stay. My attorney advised me that the only way to keep our home was to reach an order with the court. However, the order calls for us to come up with 7,000.00 by April 15. We do not have the money. I have called several agencies trying to get help. One agency told me the only thing we could do at this point would be to file a chapter 13 on the house. Our mortgage is 203,000. Can we file a Chapter 13 to save our home? What other options do we have?


Asked on 4/12/08, 7:27 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Foreclosure

You were REQUIRED to disclose the mortgage in your Chapter 13, and the lender was required to get relief from the stay. At this point, your husband may be able to file his own Chapter 13 and cure the arrearage. Do not try to do this without a lawyer.

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Answered on 4/13/08, 10:58 pm


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