Wednesday, November 23, 2011

I am claiming bankruptcy, but I am already three months past due on the mortgage?

What do I do? I am going to my consultattion in a week, but Im already three months late. How will this work? I am doing chapter 7 because I want to get rid of the home as I am moving soon and have no other choice, also have credit card debt, and just need to be done with it.I am claiming bankruptcy, but I am already three months past due on the mortgage?
If you want to surrender your home in bankruptcy, the fact that you are three months in arrears on your mortgage won't have any effect.





The only circumstance in which that could be an issue in bankruptcy would be if you wanted to keep the home. Then you would need to find a way to catch up on the mortgage payments before filing (if filing Ch 7) or else file Ch 13 and catch up on the mortgage through your Ch 13 Plan payments.

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