Posted on: 24th Nov, 2009 04:35 am
my mother passed away 8/8/08 and the mortgage was in her name only, but I have lived here since the closing...her health failed in 1/2008 and she had the house quit claimed deed to me, I was unaware that you are suppose to advise the lender or they could accelerate the note making the
entire balance due and payable.
I filed chapter 13 - May 2007 I indicated the housing expenses based on themortgage payment, taxes and insurance, but the house was not included in the chapter 13 because at the time she was doing ok.
In March 2009 (due to surgery in October 2008) march and april payment was not paid, april I sent one payment and it was returned, and in May 2009 received foreclosure preceeding unless I could pay the arrears of about $2150. Filed for a letter of administration because the lender would
not speak to me since I was not on the loan. I requested a forebearance agreement two weeks before the sale date 7/7/09 - paid $1100. and the $343. was paid the date of the sale, but the lender would not accept. I am trying to purchase the house, but with the chapter 13 it has been hard to get an approval because of my credit score 597. I answered the dispossessory and received seven day extension, today I have to go back to court and I think since I am under chapter 13 could I request this case be bound over to the next highest court for disposition......?
entire balance due and payable.
I filed chapter 13 - May 2007 I indicated the housing expenses based on themortgage payment, taxes and insurance, but the house was not included in the chapter 13 because at the time she was doing ok.
In March 2009 (due to surgery in October 2008) march and april payment was not paid, april I sent one payment and it was returned, and in May 2009 received foreclosure preceeding unless I could pay the arrears of about $2150. Filed for a letter of administration because the lender would
not speak to me since I was not on the loan. I requested a forebearance agreement two weeks before the sale date 7/7/09 - paid $1100. and the $343. was paid the date of the sale, but the lender would not accept. I am trying to purchase the house, but with the chapter 13 it has been hard to get an approval because of my credit score 597. I answered the dispossessory and received seven day extension, today I have to go back to court and I think since I am under chapter 13 could I request this case be bound over to the next highest court for disposition......?
Hi ms november,
Your bankruptcy attorney would be the best person to answer whether or not you would be able to request this case to be bound over to the next highest court for disposition. Yes, it is true that you need to inform the lender about the transfer of proeprty with the help of a quitclaim deed. If the lender comes to know about it later on, he may call the loan due immediately.
Thanks
Your bankruptcy attorney would be the best person to answer whether or not you would be able to request this case to be bound over to the next highest court for disposition. Yes, it is true that you need to inform the lender about the transfer of proeprty with the help of a quitclaim deed. If the lender comes to know about it later on, he may call the loan due immediately.
Thanks