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We Did Not Include Our Mortgage in Our Chapter 13 Bankruptcy. – Janet

“Dear Steve,

We did not include out mortgage in the chapter 13 because we were not in arrears – lawyer never mentioned about modification – is it possible & will the trustee allow it? I am not late nor under water but cannot keep up with the mortgage, maint fees, taxes & ins – what happens if I stop paying? The stress is getting to be to much – feel like just walking away. Please help


Dear Janet,

You seem to be talking about two different things. A Chapter 13 bankruptcy does not have any authority to modify a mortgage on a primary residence. If you had been in arrears you could have included your mortgage to catch up on payments but would have had to have made at least your regular payment anyway.

A mortgage modification is pursued through your lender directly. You can contact your lender and/or contact a free housing counselor to discuss what your modification options are.

Depending on who your lender is and their current policy it may be that you will not be eligible for a modification or only receive a trial modification which can be worse for you if it is not converted to a permanent modification.

My suggestion would be for you to contact your bank or housing counselor, discuss your options, and if you feel you need to walk away from the house you might want to chat with the bankruptcy attorney about that strategy and see if they suggest terminating your current bankruptcy to include the residual mortgage obligations in a future bankruptcy.

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.


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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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