Case guide

Chapter 13: Past-Due Mortgage Payments

Behind on a mortgage? A court plan may let you catch up, with conditions.

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Updated Oct 4, 202611 sources

This may apply to you if

  • Bring records of regular income and household living costs.
  • List secured and unsecured debts so a lawyer can check the current limits.
  • Show any prior bankruptcy papers and urgent sale or wage notices.

What the public record says

These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.

The short answer

Can Chapter 13 help with past-due mortgage payments?
It may allow missed payments to be caught up through a plan. Conditions apply. The actual loan, finances and sale history need review. [1]
Does a legal inquiry stop a foreclosure sale?
No. An inquiry does not file a court case. Bring the actual sale notice to a lawyer promptly. Do not rely on a website reply as court protection. [1]
What payments may still be due?
The catch-up plan and ongoing mortgage duties are separate. Ask who receives each payment and when. A proposal does not guarantee that the loan is current. [1]
Can every homeowner use the same plan?
No. Income, debts, property and current rules matter. Ask whether you can make the proposed payments. A home address alone does not settle the question. [10]

What rules a case out

Not covered by this case

  • No home, loan change or court approval is guaranteed.
  • A request for legal help does not itself file a court case.
  • No national foreclosure deadline or payment amount is supplied.

The process

What happens next

  1. 01

    You answer a few questions

    About two minutes. Nothing is sent until you agree on the last step and press submit.

  2. 02

    A lawyer looks at it

    A lawyer at the firm reads your answers and checks them against the current case criteria.

  3. 03

    The firm decides and gets in touch

    If the firm takes your case, you get the terms in writing to read before you sign. You can always say no.

Behind on a mortgage? A court plan may let you catch up, with conditions. Ongoing payments and sale status matter. Seek advice on the actual notice; a web inquiry does not stop a sale.

Can Chapter 13 help with past-due mortgage payments?

It may allow missed payments to be caught up through a plan. Conditions apply. The actual loan, finances and sale history need review.

The court guide calls missed amounts arrears. It describes possible home protection through a repayment plan while continuing the regular mortgage payments. That is different from erasing the mortgage. A homeowner must also meet filing conditions, including the applicable separate debt limits in the cited adjustment.

What payments may still be due?

The catch-up plan and ongoing mortgage duties are separate. Ask who receives each payment and when. A proposal does not guarantee that the loan is current.

The court guide warns that failing to make payments due after filing can still put the home at risk. Plan approval and later performance matter. Use the actual court and loan directions rather than subtracting an estimated catch-up amount from the next mortgage payment on your own.

Can every homeowner use the same plan?

No. Income, debts, property and current rules matter. Ask whether you can make the proposed payments. A home address alone does not settle the question.

The U.S. Trustee data and Chapter 13 forms serve defined income and expense calculations. They are not a national mortgage-payment quote. Chapter 7 has different property and debt questions; choosing between court paths requires the actual finances and loan rights, rather than an advertisement that all homes are protected.

What if I cannot keep up or the plan changes?

Tell your lawyer what changed and keep the payment records. Ask what court action is needed. Do not assume approval guarantees permanent protection.

The court guide describes possible plan changes and risks of dismissal or conversion when payments fail. A later debt order does not automatically remove valid rights against property. Missing income or loan records should be explained honestly; a different court route is not a guaranteed answer to every shortfall.

Which records and costs should I check now?

Keep the mortgage, payment history, sale notice and case papers. Add income and property records. Confirm the legal work, course charges and payment terms.

Required counseling and later education are distinct, with limited exceptions and provider-specific fee questions. Court staff and form preparers have limited roles. Ask the lawyer what advice and follow-up work is covered before signing; the page does not promise a free meeting, representation or a paused sale.

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Sources

  1. US Courts: Chapter 13 bankruptcy basicsUS Courts: Chapter 13 bankruptcy basics · court
  2. US Courts: Chapter 7 bankruptcy basicsUS Courts: Chapter 7 bankruptcy basics · court
  3. Judicial Conference: adjustment of certain bankruptcy dollar amounts, Federal Register February4,2025Judicial Conference: adjustment of certain bankruptcy dollar amounts, Federal Register February4,2025 · regulator
  4. DOJ US Trustee: credit counseling and debtor educationDOJ US Trustee: credit counseling and debtor education · regulator
  5. DOJ US Trustee: credit counseling FAQsDOJ US Trustee: credit counseling FAQs · regulator
  6. US Courts: filing without an attorneyUS Courts: filing without an attorney · court
  7. US Courts: discharge in bankruptcyUS Courts: discharge in bankruptcy · court
  8. US Courts: bankruptcy records and credit reportingUS Courts: bankruptcy records and credit reporting · court
  9. CFPB: how long bankruptcy appears on credit reportsCFPB: how long bankruptcy appears on credit reports · regulator
  10. DOJ US Trustee: means testingDOJ US Trustee: means testing · regulator
  11. US Bankruptcy Court Southern District of Florida: filing Chapter13US Bankruptcy Court Southern District of Florida: filing Chapter13 · court

Checked against 11 primary sources by People's Justice editors · Updated

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