What did your trustee tell you though? Pay on or before the first every month? It sounds like some type of scare tactic from the debtors standpoint. If you still can pay after the first and the lender says nothing, then why make it a point to stress paying it on the first.
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My attorney never said anything about my mortgage. Since filing I've completely missed 2 payments. But I called my mortgage company right away and they are always more than willing to work things out with me. They actually lifted all late fees and penalties once we filed bankruptcy. Now they are perfectly happy as long as I pay my monthly payment before the last day of the month.4/09 Converted to a Ch 7 due to loss in dh's income
5/09 UST now involved no idea what happens next
7/09 UST has decided to withdraw his motion to dismiss!
7/27/09 DISCHARGED!!!
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be careful with your bank because they can report you as late and cause your chapter 13 to be dismissed. I have heard from some on this forum about their mortgage companies asking for a relief from stay. Once this happens, they will forclose on you quickly. Right now the market is hard to sell homes but when it starts to turn around, many are going to see the banks get very nasty once the houses start selling again.Originally posted by aces67 View PostComment
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Yes, be careful here - also, if you miss payments of any kind during a Chapter 13 Plan, especially your mortgage, or notice you cannot make a payment during any given month, immediately call your attorney. If you missed two payments on your mortgage, your plan can be dismissed. Since you filed BK, yes all fees and penalties have to be lifted by the creditor since you are under BK protection. But if you miss a mortgage payment, you are playing with fire as to your Plan. Call your attorney about those two missed payments right away.Originally posted by aces67 View Post_________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket"Comment
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aces, that is crazy, I don't see how they have not tried to dismiss your case. Paying after the first is one thing, but completely missing payments, thats another story.Comment
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IDK. My lawyer knew I couldn't make the payments and knew that they worked with me. He said as long as they don't have a problem then the trustee doesn't either. One of the payments we caught up and the other they deferred to the end of the loan. My cousin and aunt and were shot and killed and I had a surprise pregnancy and miscarriage all at the same time and dh lost a lot of time at work over it all. They said due to the extenuating circumstances they would just defer the payment and my lawyer agreed that that was fine.4/09 Converted to a Ch 7 due to loss in dh's income
5/09 UST now involved no idea what happens next
7/09 UST has decided to withdraw his motion to dismiss!
7/27/09 DISCHARGED!!!Comment
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Keep all records of your mortgage payments. I mailed my payments via priority mail with delivery confirmations so I could get proof of when they received my payments. My mortgage company tried twice to have the stay lifted because they said I was late with my payments. Both times I had proof that they received the payments in time...it was their delay in posting the payments (up to 10 days later one month). Now my payments are posted the day they are received.Comment
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deerme, how late were you when they wanted the stay lifted, and did you have your mortgage arrears within your plan?Originally posted by deerme View PostComment
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I was not late at all. They must receive my payments no later than the 16th of the month. I had proof that they had received them in time (delivery confirmation from the post office). They were waiting 10 days to post it to my account. Then claiming I was late when I was not.
Yes, I had 2 months of payments included in my BK. Once they finally got all that paid to them they backed off. Plus they have one entire mortgage payment waiting as a 'partial payment' that they have not posted to my account. Not sure when they plan to apply that to my account. They have had it for over a year now.Comment
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deerme, contact the Bk dept of your bank. The money they have is in a suspense account. Make them credit your mortgage. You may have to do this with your attorney's help.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..Comment
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I once paid my mortgage in a partial payment and my payment was put in a suspend status because my bank does not accept partial payments. It's either all or nothing. Also, you are not considered as paid because it's not the full monthly amount. I never sent a partial payment again. It is also up to the bank if they decide to credit the payment. They have the option of sending it back. Basically, if it's not in your mortgage agreement about partial payments then the bank doesn't have to accept it or consider it a payment. So, you need to really look over your mortgage agreement because it may be possible for the bank to charge you extra fees due to the partial payment not being considered a full payment.Originally posted by StartingOver08 View PostComment
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My mortgage company put the amounts they were receiving from my BK into the 'partial payment balance'. Once they had enough for a payment they applied it. They received payments for arrears only. The amount in the Partial Payment is $30 more than my payment amount!
But I am current, I have less than two (2) months to go on my BK and I don't want to make any waves right now. I will make sure it gets credited to my account.Comment
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