House payment during chapter 13

[KateJohns]

What is the name of your state?

 

[KateJohns]

What is the name of your state?

Virginia

 

[KateJohns]

Can the house payment change amounts owed monthly on principal and/interest, not escrow? Have paid same amount for 4 years and now has increased by $500, I year left in chpt.13.

 

[despritfreya]

No way to know since we do not have a copy of your loan contract. If you are making mortgage payments directly to the lender call the lender to find out why there was an increase.

Des.

 

[KateJohns]

So during a chapter 13 the house payment can change by law if the note calls for the change, ie..interest only 10 yr. To a 30 yr fixed. The problem was I was told by the trustee that the loan could not change until my 5yr of payments through the trustee was done. This lender has stopped all paperwork for the last 4 years and they just did a 'change of escrow payment' through the court and our escrow did NOT change it was the actual loan. I just needed to know if they could do this legally in one month and expect me to pay $6,000. I would think my bankruptcy attorney would help but he said he only handles the payments to the trustee, not the mortgage loan!! What??? Still no paperwork and have tried for years to an accounting of the loan! Not easy to deal with.

 

[despritfreya]

I suggest you meet with the attorney. Until he withdraws he has a duty to address this matter since it impacts the success (or failure) of the Chapter 13. As to the lack of response for an accounting, an Order to Show Cause will go a long way to get one. Discuss this with the attorney.

As to your question. . . you still do not give enough information. A Chapter 13 does not modify the mortgage contract therefore, depending upon the reason for the increase the answer could be "yes, your payment can change". You have to find out the reason for the increase. Is it to cover post petition legal fees owed to the lender? Is it to cover forced placed insurance? Is it to cover a change in the interest rate? And. . . the list goes on and on.

Des.