Hardship letter and chapter 13 bankruptcy

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Icon Mini Profile caramn




Joined: 04 Apr 2009

Posts: 1

1.91 Dollars($)
PostPosted: Sat Apr 04, 2009 5:36 am    Post subject: Hardship letter and chapter 13 bankruptcy

Hi, My husband and I have been in a chapter 13 since 2006 never missing a payment. The reason we had to file was we got behind on our mortgage. Now in Jan of 2009 my husband was laid off from his job and we have not been able to keep up with the bk payments. We have asked that our bk be dismissed in hopes that we can workout something with the mortgage company. I spoke to someone yesterday from the mortgage and they told me to send in a hardship letter and any income information. My question is i am not sure where to start with the hardship letter. Do I start with why we had to file for bk in the first place and now we cannot make those payments. There is nothing more important to us than to keep our home. My home will always be paid first if they give us a second change. Things are a bit better for us in that I am workig full time now but i cannot make the kind of money we need to stay in chapter 13. My husband has had a hard time finding new work and there would be no other job that paid him like the oilfield. His oilfield job is what kept us going. Any information will be greatly appreciated.

Thank you
Icon Mini Profile adonis
adonis



Joined: 22 Oct 2005



Posts: 3852
Location: ALASKA
120.89 Dollars($)
PostPosted: Sat Apr 04, 2009 10:32 pm    Post subject:

Hi caramn,

I guess, your chapter 13 bankruptcy was already discharged and then you started paying off the mortgage according to new terms and conditions given by your lender. In that case, you won't be able to dismiss your bankruptcy.

As you are facing hardship in paying off the mortgage dues, you can contact the lender and apply for a loan modification. However, it would be the lenders discretion whether he would accept your loan modification request or not. To know more about writing hardship letter, check out the following page:
http://www.mortgagefit.com/problems/hardship-letter.html

_________________
Procrastination is the enemy of your financial sucess
ovillarreal

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PostPosted: Fri Jul 24, 2009 8:51 am    Post subject: Letter of Dismissal Requested by Mortgage Company

I am in a Chapter 13 and the mortgage company is doing a modification on my loan at a lower interest rate. In order to release the modification, they need a letter of dismissal from my attorney. What is the ramifications of doing that? Also, is it too late to fire your attorney as I've left messages and she was supposed to call me as she wanted to talk with me about this? It's been over a week and I now have an appointment for Monday? Anyway, just concerned. Sad
Icon Mini Profile jameshogg
jameshogg



Joined: 20 Dec 2005

Posts: 4291
Location: nevada
509.34 Dollars($)
PostPosted: Fri Jul 24, 2009 10:32 pm    Post subject:

Hi ovillarreal,

If the lender is asking for a letter of dismissal pertaining to bankruptcy, then your bankruptcy will be dismissed once you sign the letter. However, you will get loan modification if you sign the letter. As far as firing your attorney is concerned, I think you should meet her on Monday and then decide what you want to do. You can dismiss her if you are not happy with the kind of service your attorney is offering you.

Thanks
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