In Chapter 13 already but need loan modification.

[frh1130]

Has anyone had success in getting a home loan modification while in chapter 13 bankruptcy?

I have called the loss and mitigation department and they wont talk to me for two reasons, one because I am in chapter 13 bankruptcy, and two because I am not late on any payments. I got a letter from my attorney that tells the mortgage co that its okay to talk to me about the loan modification, but they still wont take to me. And my home loan is not included in my chapter 13 payments, can I ask my attorney to ammend my chapter 13 plan to include my home loan, but I would like to modify my loan first.

[Cat Damiano]

Hi frh1130,

Welcome to the forum and thank you for joining................

Who is the servicer on the loan?

Some require permission from the court as well............you would need to speak to the BK dept. first and find out if this is the case.

Yes we have had members who have modified while in Chapter 13 BK.

[frh1130]

The servicer is Wachovia. They wont touch my loan because we are in chapter 13, am I supposed to stop making payments for awhile so they can take the house out of bankruptcy and deal with me directly?

[Cat Damiano]

We can not advise you on whether to make payments or not...........your file is most likely with the BK dept. at Wachovia.............they would be able to speak with your attorney they are not allowed to speak with you because they are debt collectors and that would put them in direct violation of the law.

Have your attorney call and see if they are able to find out the requirements for applying for a modification.