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Texas Chapter 13 Trustee Procedures for Payment of Home Mortgages

State:
Texas
Control #:
TX-590
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PDF
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Chapter 13 Trustee Procedures for Payment of Home Mortgages Texas Chapter 13 Trustee Procedures for Payment of Home Mortgages are designed to help individuals repay their debts while still having the ability to keep their home. There are two types of procedures for payment of home mortgages: (1) the traditional Chapter 13 Plan; and (2) the modified Chapter 13 Plan. The traditional Chapter 13 Plan requires a debtor to make regular payments to their Chapter 13 Trustee, who will then distribute the payments to the debtor’s creditors. The debtor must make the payments according to a repayment plan that is approved by the court and is based on the debtor’s income and expenses. The repayment plan must include payments to the debtor’s mortgage lender. The debtor must also make any payments required by the loan agreement between the debtor and the mortgage lender. The modified Chapter 13 Plan is designed to provide debtors with an opportunity to reduce their mortgage payments and, in some cases, forgive a portion of the debt owed to the mortgage lender. Under the modified Chapter 13 Plan, the debtor will still make payments to the Trustee to cover their debts, but the payments to the mortgage lender will be reduced to an amount that the debtor can afford. The reduced payments must be approved by the court and must be paid on time. In both the traditional and modified Chapter 13 Plans, the debtor must make all payments as scheduled in the plan. If the debtor fails to make the payments, the Trustee can ask the court to dismiss the case and the mortgage lender can take action to foreclose on the debtor’s home.

Texas Chapter 13 Trustee Procedures for Payment of Home Mortgages are designed to help individuals repay their debts while still having the ability to keep their home. There are two types of procedures for payment of home mortgages: (1) the traditional Chapter 13 Plan; and (2) the modified Chapter 13 Plan. The traditional Chapter 13 Plan requires a debtor to make regular payments to their Chapter 13 Trustee, who will then distribute the payments to the debtor’s creditors. The debtor must make the payments according to a repayment plan that is approved by the court and is based on the debtor’s income and expenses. The repayment plan must include payments to the debtor’s mortgage lender. The debtor must also make any payments required by the loan agreement between the debtor and the mortgage lender. The modified Chapter 13 Plan is designed to provide debtors with an opportunity to reduce their mortgage payments and, in some cases, forgive a portion of the debt owed to the mortgage lender. Under the modified Chapter 13 Plan, the debtor will still make payments to the Trustee to cover their debts, but the payments to the mortgage lender will be reduced to an amount that the debtor can afford. The reduced payments must be approved by the court and must be paid on time. In both the traditional and modified Chapter 13 Plans, the debtor must make all payments as scheduled in the plan. If the debtor fails to make the payments, the Trustee can ask the court to dismiss the case and the mortgage lender can take action to foreclose on the debtor’s home.

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