Expert: Mark J. Markus- California Bankruptcy Attorney - 3/25/2005

Question
i have currently been in chapter 13 for 18 months, i believe the 13 is about to be dismissed for late payments.  my mortgage is included.  i am unable to even get a payoff from the trustee nor as well as even talk to my mortgage company.  what if i get it dismissed?..will the mortgage company immediately resume forclosure since it was in forclosure at the time of the bankruptcy filing or can i work it out with them.  again, i cannot talk to them until it is dismissed but i want to make good on the loan.  can you give any advise?..

thank you, tawnya (in a jam).

Answer
You're asking me what your mortgage company will or won't do after your case is dismissed.  I have no idea.  That is their decision and it depends, in part, on what they are allowed to do under the laws of whatever State your real property is located.   It is possible that they could just continue with the foreclosure, but again, how quickly and what they need to do depends completely on State Law.  I would consult with an attorney in your area and then try to contact your mortgage lender to work something out.  As for the payoff amount, they are required to give that to you by law and they probably filed a claim in your bankruptcy case that contains that information.