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Modifying Mortgage on Real Property that was before filing but is not after filing Debtor's Personal Residence
Modifying Mortgage on Real Property that was before filing but is not after
filing Debtor's Personal Residence . . .
I am about to file a Chapter 13 for a client who is currently living in the
house he owns but wants to move out of his house and rent it out before the
petition is filed.
1. Please confirm that this would allow the debtor to modify the mortgage
under 1322(b)(2).
2. Is it enough that the debtor moves out before filing? Is it important
for debtor to also list the house for rent (for example on cragslist.com)
before filing?
3. What if the debtor, after the plan is confirmed, (a) converts to chapter
7 or (b) dismisses his chapter 13 case? Will the modified mortgage remain
in force?
4. What if the debtor, after the plan is confirmed, (a) converts to chapter
7 or (b) dismisses his chapter 13 case and moves back into the house? Will
the modified mortgage remain in force?
Alik Segal
Alik.Segal@gmail.com
310-367-3626
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