Chapter 13 bankruptcy filers in Florida have yet another way to press for mortgage modification.

If you filed for Chapter 13 bankruptcy in Florida you may qualify if you:

  • want to keep your home;
  • cannot afford current mortgage payments; and
  • can afford to pay 31% of net income to a modified mortgage.

This new Mortgage Modification Mediation program gives you and your mortgage lender an opportunity to discuss whether modifying your mortgage loan is feasible.

If the process is successful, then you may be able to use Chapter 13 bankruptcy to lower your monthly payment amount and keep your home.

Mediation is an informal meeting conducted by a neutral mediator (selected by you and your lender) who acts as a discussion facilitator. The mediator cannot force a lender to modify your mortgage but can help you and your lender reach an agreement. The process is simply a way for you and your lender to discuss whether modifying the mortgage on your home is possible.

If you qualify for and want to use this mediation program, please complete and file a Motion for Referral to Mortgage Modification Mediation.

Note: You will need to pay a $385 mediation fee to your Chapter 13 Trustee before you attend the scheduled mediation.

After you file the motion, the Court will enter an order requiring the mediation.

Please read the order so you are familiar with the requirements. For example, your lender may request additional financial information from you so that they can decide whether they can agree to modify your mortgage loan. If you are represented, your attorney can answer your questions. If you are not represented, you can call the office of the Chapter 13 Trustee at 407-648-8841.

MINIMUM QUALIFICATIONS FOR THE PROGRAM

  • Only Chapter 13 Debtors can request the program
  • Program is limited to the debtor’s primary residence (investment properties nor second homes do not qualify)
  • Debtor can afford to contribute up to 31% of net income to the modified mortgage payment
  • Debtor must pay a $275 fee to the Chapter 13 Trustee before attending the scheduled meeting

Call 407-749-0080 now for a free consultation.