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  • mortgage/Ch.13

    I filed Ch. 13 in 2001. My mortgage is paid outside the plan. If I were
    to stop making payments and was dismissed, but my mortgage was current
    according to the plan, could the lender proceed with foreclosure?

    G. in AL.


  • #2
    mortgage/Ch.13

    Assuming that all your mortgage payments are current, pre- and post-petition
    (including advances, attorney's fees, late fees, etc.), the lender should
    not be able to proceed with foreclosure. Once your case is dismissed, it is
    as if you had not filed.

    --
    Brett

    ************************************************** ***************
    * Personal Injury/Malpractice Bankruptcy *
    * *
    * BRETT WEISS, P.C. *
    * Attorneys at Law *
    * Maryland, D.C. and Federal Bars *
    * [email protected] *
    * www.brettweiss.com *
    * *
    * Small Business Estates & Estate Planning *
    ************************************************** ***************

    The Small Print: This response is for discussion purposes only. It isn't
    meant to be legal advice and you shouldn't treat it as such. If you want
    legal advice, speak with a local lawyer familiar with your state's laws who
    can review *all* of the facts and the law applicable to your situation.
    ************************************************** ***************

    "GARY" <[email protected]> wrote in message
    news:[email protected]
    I filed Ch. 13 in 2001. My mortgage is paid outside the plan. If I were to stop making payments and was dismissed, but my mortgage was current according to the plan, could the lender proceed with foreclosure? G. in AL.

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