this is for my mortgage, but i don't want to lose my home
Family Law Attorney
If you are current on your mortgage payments they cannot foreclose, with or without BK. Indeed foreclosure does not start until you are at least 4 months behind. Talk with your BK attorney. Good luck.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
Your options are limited. If you have the funds needed to catch up the delinquency on your mortgage, then you can ask your bankruptcy attorney to ask the creditor to agree to a motion to allow resumption of payments, but that will likely only work if you can catch up the arrears in full at this time. If not, then the next step the creditor will take will be to start a foreclosure. Once the foreclosure is filed, you will have foreclosure intervention options, including possibly requesting a loan modification to make the loan more affordable, if you can qualify for a loan modification. If you have the funds to do so, you may wish to hire a foreclosure defense lawyer once you are served with the foreclosure papers.
Divorce / Separation Lawyer
You have given enough facts for any of us to give you an answer. Depending how far behind you are you could catch up, you could do a loan modification or you could file a Chapter 13. What you should first do is consult with your attorney and, if you don't have one, you need to obtain one.
Attorney Sternberg is admitted to the practice of law only in the State of Ohio. His answering of this question does not constitute an attorney client relationship, nor can his answer be relied on since the question does not permit Attorney Sternberg to seek additional information necessary to render an legal opinion.