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Chapter 13 did not help me get back on track

March 12, 2009

Please help with this matter, because I thought that filing chapt. 13 bankruptcy would help the situation, but it only made matters worse. This was the the first time that my mother purchased a home of her own, but she passed away before she got to really enjoy it. I don't have anywhere else to go and I don't won't my children or myself to be homeless.

This entry was:
Posted By Shawn at 12:15 PM
Comments (6) | Categories: Bankruptcy, Vanderbilt Mortgage, Georgia Foreclosure | Tags: vanderbilt mortgage georgia
 

Comments

CH 13 is limited by a provision in title 11 at section 1322(b)(2) which prevents modification of the terms of loans. This limitation is why CH 13 does little good to help you recover from bad loans. The only option that makes sense is to surrender the home in full satisfaction of the debt.
There is legislation to allow modification of loans in ch 13 but it has not yet passed. It will be muddied up into ineffectiveness most likely.
I am in CH 13 and kept the house. The unmodified loan is not helping but it is no worse than if I did not file. CH 13 helped out with my other debt problems and the relatively low index that the loans are seeing now have helped to lower the interest rate a little
How you ended up in worse financial shape is something that I cannot understand. A little better but still cursed with a bad loan maybe I could understand.
Posted By Jim on April 20, 2009 at 04:33 PM
we have our home financed with vanderbilt mortgage. our payments are 1333. we currently owe 840 from june and whole month of july can they forclose on our home automatically in texas or do they have to mail us a letter, we have tried negotiating with them and they are rude and hateful, this is a newer mortgage jsut started in december and my husband got laid off 9 days after we closed and we have had trouble catching up, we both have gone back to work and can afford the paymment now just having trouble getting caught up and we so worried that we will lose our home and wondered if it has to be so many days past due before they can just come and take it thanks for any information
Posted By Jennifer on July 22, 2009 at 05:43 PM
I believe the 4th month is the point of no return. You should be able to catch back up and should ge an all or nothing letter. Hold onto the funds if they do not work with you and expect at least the default and late charges.
I cannot give legal advise but if both of you are now employed, the outlook should be good. My opinion of course and no legal proficiency.
Posted By Jim on July 22, 2009 at 05:49 PM
so if we are only 30 to 45 days late can they forclose on us i sent them something every time i get paid and they have always accepted it
Posted By Jennifer on July 22, 2009 at 06:51 PM
so if we are only 30 to 45 days late can they forclose on us i sent them something every time i get paid and they have always accepted it
Posted By Jennifer on July 23, 2009 at 09:44 AM
Once you go 30 days past due they can start the foreclosure procees and normally will send you a letter of default. By the time you get 4 months the attourney will have and you will have to pay legal fees on top of the 4 months to stop foreclosure. You need to contact the rep and try to work out a repayment plan. If you mortgage is 500 a month maybe pay 600 or 700 till you get the month caught up. Also realize this is reporting 30 days past due on your credit each month and will hurt your credit score severely till you pay it.
Posted By brian on December 12, 2009 at 08:40 AM

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