We are under a chapter 13 already, the home was paid outside of the plan. We have had to adjust consent order for the mortgage a couple of times. Now we have missed two payments under the consent order and they are threatening foreclosure. If we can make the payments up under the consent wouldn't that be enough to comply? They are wanting back payments to make it current (7 payments instead of 3).
Since you have fallen behind on your consent payment agreement with the mortgage company, you have likely voided the agreement, so the company is probably well within its legal rights to demand full payment of the delinquent balance to prevent foreclosure. However, the court may be willing to reinstate your previous agreement or enter a new agreement allowing you to get your mortgage back on track. If the mortgage company is not willing to work with you in renegotiating your mortgage payments, you may need to file a motion with the bankruptcy court to enter a new consent agreement. Whether or not the court will enter a new consent agreement will depend on your financial situation and the judge's view of your Chapter 13 plan.
Whether you want to continue trying to negotiate with your mortgage company or if you want ask the court to approve a new consent order, you need to contact your attorney as soon as possible. In a Chapter 13 plan, your attorney is generally paid out of your monthly payments to represent you throughout the entire plan. Therefore, having your attorney work on this problem should not cost you any additional money. Your attorney will be able to tell you the best option available to you to help you get your mortgage payments back on track and protect your home.
If you would like to learn more about the foreclosure process, I encourage you to visit the Bills.com foreclosure page. I wish you the best of luck in resolving your past due mortgage payments, and hope that the information I have provided helps you Find. Learn. Save.