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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] foreclosure in maryland while in chapter 13 Posted by lawanda on February 20, 2002 at 6:46 PM I received a notice stating that my home is scheduled for foreclosure in a month. I am currently in a Chapter 13 and I ran in to some financal problems and I was placed on a repayment plan for two months of missed mortgages since being in the Chapter 13, I had some problems with the additional money that had to be paid, but I tried. There were two notices of defaults filed and the first on was withdrawn, but the second one was never withdrawn. There was a mix up in how much had to paid to cure the first notice of default. I paid what they told me, but then the attorneys for the lenders stated that that was not the correct amount, so that is when the second notice of default was filed, but I didn't know why the second notice of default was filed until I spoke with my attorney in November after my money was returned. They stated that a check was returned and not replaced and that if I paid the arrears of$5300 by December 21 that they would leave the matter alone and that the $5300 would bring me current through December 31, 2001, but my attorney did not notify me of the time frame until December 27, 2001 which was after the deadline, so I applied for a loan and was granted a loan with the trustees permission and I sent the lenders attorney $6725 on January 29, 2002 which brought me current through January 31, 2002 and then on February 13, 2002 I sent them my regular February payment of $1310, and I sent all of this in a bank check and postal money orders, and as of today I have not received back the $6725 that I sent in January, but I get a letter dated February 14, 2002 stating they are foreclosing on my home and I can either pay the loan off or reinstate the loan, but I don't understand because I owed for September - December and I paid that plus January payment at the end of January 2002, so I currently only owe the arrears that is under my Chapter 13, but they said to reinstate the loan I have to pay the arrears, does that include the amount that is being paid through the Chapter 13 payments or was it just for the amount that I had previously defaulted on. I never received anything saying that I had to pay the arrears that is in the plan to bring my loan current. My march payment was going to be sent it on time, but I dont know if I should send it in or not, because they are trying to take my home even after I have made my post-petition payments current. Can my home still be foreclosed on even through I have caught all of the post-petition payments up. These post-petition payments where the ones that were filed in the notices of defaults. I don't know what to do and my lawyer is of no help and this is a VA loan. Is there anything that I can do to save my home please help. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : I received a notice stating that my home is scheduled for foreclosure in a month. I am currently in a Chapter 13 and I ran in to some financal problems and I was placed on a repayment plan for two months of missed mortgages since being in the Chapter 13, I had some problems with the additional money that had to be paid, but I tried. There were two notices of defaults filed and the first on was withdrawn, but the second one was never withdrawn. There was a mix up in how much had to paid to cure the first notice of default. I paid what they told me, but then the attorneys for the lenders stated that that was not the correct amount, so that is when the second notice of default was filed, but I didn't know why the second notice of default was filed until I spoke with my attorney in November after my money was returned. They stated that a check was returned and not replaced and that if I paid the arrears of$5300 by December 21 that they would leave the matter alone and that the $5300 would bring me current through December 31, 2001, but my attorney did not notify me of the time frame until December 27, 2001 which was after the deadline, so I applied for a loan and was granted a loan with the trustees permission and I sent the lenders attorney $6725 on January 29, 2002 which brought me current through January 31, 2002 and then on February 13, 2002 I sent them my regular February payment of $1310, and I sent all of this in a bank check and postal money orders, and as of today I have not received back the $6725 that I sent in January, but I get a letter dated February 14, 2002 stating they are foreclosing on my home and I can either pay the loan off or reinstate the loan, but I don't understand because I owed for September - December and I paid that plus January payment at the end of January 2002, so I currently only owe the arrears that is under my Chapter 13, but they said to reinstate the loan I have to pay the arrears, does that include the amount that is being paid through the Chapter 13 payments or was it just for the amount that I had previously defaulted on. I never received anything saying that I had to pay the arrears that is in the plan to bring my loan current. My march payment was going to be sent it on time, but I dont know if I should send it in or not, because they are trying to take my home even after I have made my post-petition payments current. Can my home still be foreclosed on even through I have caught all of the post-petition payments up. These post-petition payments where the ones that were filed in the notices of defaults. I don't know what to do and my lawyer is of no help and this is a VA loan. Is there anything that I can do to save my home please help. Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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