I filed bankruptcy for relief of medical bills and other debts. I did not include my home mortgage. I want to modify the note.
Jacksonville, FL
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Posted 5 months ago in Bankruptcy / Chapter 13
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Mortgage company says because I am in bankruptcy, their rules do not provide for any modification. I need a lower interest rate; currently I'm at 11%. With the President's new stimulus plan, shouldn't there be exceptions? What can I do?
Answers (1)Nancy Baum Delain
This attorney is licensed in New York.
Posted 5 months ago.
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I'm sorry, but there's not likely to be a lot you can do while you're in bankruptcy to modify your mortgage note.
Even though you did not include your mortgage in your Chapter 13 Plan, your mortgage creditor is affected by your bankruptcy filing. While that petition is pending, no creditor can change anything that has to do with your money without the court's permission. Your mortgagee is unwilling to proceed to get court permission to lower your interest rate (can't say that I blame them; you're asking them to pay attorneys' fees – many $hundreds – and motion filing fees – a couple $hundred – to ask the court's permission to get less money; would you do that?). The economic stimulus package is a tax related package that has absolutely nothing to do with bankruptcy. |