Post Filing Automatic Payments from Checking Account

[Crainial Access]

I filed chapter 13 on November 7, 2007 mainly to prevent foreclosure on my property. Prior to filing, I had fallen behind on second mortgage payments, but had reached an agreement with the 2nd mortgage collection lawyer to send in a lump some amount and have $600 deducted from my checking account on the 12th of the month. The $600 was an increase from my original loan payment of $557.00. After filing chapter13 I received a letter dated the date of my filing from this collection outfit, essentially saying per our previous agreement please make sure you have the $600 in your account for us to deduct on the 12th.......which they did. I know its late to address this but i have learned much from these boards and my filing happened rather quickly.......So should they have taken the $600 from my account after the date of my filing? I am now paying both my 1st and 2nd mortgages on time and to the original holders at the original amounts, outside of my plan.

[chloe0724]

I think because you are paying them outside the plan, it is ok. In your plan, are you paying any late fees an owed amounts to your mortgage company?

[Crainial Access]

They (2nd Mortgage Collection Lawyer) stopped deducting from my account after the November 12th $600.00 deduction. The claim they filed is asking for $98.00 which will be payed through the plan. I am paying about $13,000 through the plan to my first mortgage holder.