Q: We filed ch 13 back in March. We have fallen behind again on our mortgage payments again. What can we do?
A: You should contact your attorney as soon as possible to discuss whether you can file a motion to modify the Ch 13 Plan to include the "Post-petition" mortgage arrears. It may be possible to apply for a loan modification ( go to www.makinghomeaffordable.gov and discuss with a housing counselor from HUD; let your attorney know you are doing this). A ch 13 case can in most instances be voluntarily dismissed, and a new case filed wherein you could add in the new mortgage arrears. Again, always ask your attorney about these options: they vary from case to case.
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