Legal Question in Real Estate Law in Georgia

Can my home be foreclosed on if my fixed rate payments increase while I have a chp 13 payment plan in place? I plan on continuing my current payments. The new rate increased by $300! The payments are being raised due to an escrow shortage.

Thank you


Asked on 9/29/10, 8:07 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I am perplexed.

When you file a Chapter 13 you pay your lawyer to represent you to the end of the case. Why have you not called him?

Your payments, as I am sure he told you, can increase, and at this point, if you don't make them, and don't modify your plan, you can expect a motion to lift stay, a foreclosure, and your plan falling apart.

Only one person in the world knows your plan well enough to discuss options, and depending on the numbers you may or may not have them.

Call your attorney immediately. He's been paid well already and he has a duty under court rules to advise you. (No one here has seen your plan to be able to advise you).

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Answered on 10/04/10, 8:17 pm


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