Missed a Few Mortgage Payments While in Chapter 13

If you miss a few mortgage payments while you are in Chapter 13 in the Northern District of Georgia, the attorneys for the mortgage company will file a Motion for Relief against you.  They will charge you approximately $800 for filing this motion.  Generally, we can work out a deal with them to put their attorney fees into your Chapter 13 plan and spread out the missed payments over six months.  If this is not feasible, the motion will be granted and your house will be foreclosed. 

You must keep proof of all mortgage payments you make. If you don’t have proof of the payment, you may get stuck having to make it again.

Call me if you have any questions.

2 thoughts on “Missed a Few Mortgage Payments While in Chapter 13”

  1. I am from Las Vegas, NV. I filed a Chapter 13 bankruptcy and I am paying 100% of my debt back. So far I have payed over 18,000 dollars. I want to continue to meet my obligations with my chapter 13 as long as I am able. My problem lies in the fact that I bought a condo that is 100,000 dollars under water. I would like to foreclose. I want to know what happens if I foreclose on a condo while in a chapter 13. My lawyer is a very unfriendly and unhelpful person. I am writing to you instead of calling her.

    1. Kathy,

      In Georgia, if you only have one mortgage and you let it go to foreclosure, you will almost never have to pay any deficiency. Under Georgia law, a mortgage company has 30 days from the date of foreclosure to file confirmation of the foreclosure to collect a deficiency. This almost never happens here. I am not sure how this works in Nevada.

      If you are not comfortable with your bankruptcy attorney, you may want to consider finding another one. A good place to look is http://www.nacba.org. Hope this helps.

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