Wells Fargo -Help- Foreclosure/Chap 13 or loan mod

[Joel Fraser]

I have my first and second mortgage with Wells. Got behind on both. I've been on a repayment plan for the first for a few months and all is well with it and I'll be caught up in another 2 months. The second went into foreclosure. The day before it was to be sold I called the attorney handling the sale for Wells to ask how they wanted the $10,000 I needed to pay them. After a few minutes the attorney got back on the phone to tell me a clerk at wells made a mistake and that it wasn't $10,000 I owed but the correct amount was $17,000. After I picked myself up off the floor and told them there was no way I had that money they said they would give me 30 days to get it to which I said I still wouldn't be able to make the payment and that I wanted to pay what they said I owed today and I was ready to do that. The best they could do is give me 60 days to come up with the extra $7k and they wouldn't take the $10k I was ready to pay. I couldn't come up witht he extra $7k so I contacted an attorney to file chap 13 so I don't loose the house. I can make the payments on everything now now I just can't make up the past due amount. I then got to thinking if it mattered to Wells if I filed Chap 13. At this point I don't really care I just don't want to loose the house and like I said I can make the payments I just can't make up the past due amount. If I can avoid bankrupcy I'd prefer that but don't know if the bank cares or if knowing what I'm planning would they be more intersted in working somethign out? So my questions are:1. Does it matter to Wells if I file chap 13 or since they're going to get their money anyway they don't care wither way?2. Do I create any harm calling Wells and letting them know what I'm planning to do and see if they'll work something out on the past due amount. If they would apply it to the end of the loan or somethign like that I can make the payments now.3. Since I'm close to being current on my first what happens if someone buys the second, can they also buy the first even if I'm not in default on it? I do have $200k equity that I want to protect. What good is a second to someone else without the first?4. Do they have to give me notice again to foreclose on the second? Thanks to all for any advice and best wishes to veryone goging through this pain and misery.