Mortgage payments

[abby2]

I'll try to make this short:

We filed September 12th. Our first payment to the Trustee is due October
12th. Our 2nd mortgage is due tomorrow Sept. 30th, our 1st mortgage is due October 1st. (The 1st mortgage is included in the plan the 2nd will be stripped). I called our attorney to ask if we should make those payments.
He said we did not, now that we are making our payments to the Trustee. I just want to make sure that is correct since we are doing everything possible to make sure this goes as planned without any problems.? Thanks.

[lrprn]

Some Ch 13 filers make their own mortgage payments directly to the lender(s), and some have their trustees make the payments for them instead.

You can figure out for yourself if your trustee is making your mortgage payments or if you are. Look at your monthly Ch 13 payment amount. Is it just the amount that showed as your disposable income on your filing forms? Or does your Ch 13 payment equal your disposable income PLUS your mortgage payment?

[justbroke]

Since you filed with an attorney, listen to your attorney! As my flowery friend lrprn writes, you can check yourself by looking at your Chapter 13 payment. Many Districts require that Chapter 13 debtors make all secured payments through the Trustee, and this seems to be the case with you.

[klandsb]

I just cant understand if u have never been late on your mortgage or car why the trustee has to make the pmt and you are including paying the trustee fee for this service. My attorney said the trustee makes all the pmts inside the plan. Cut & dry. I dont know why it bothers me so much but I want to make my own mortgage & car pmt outside the plan... Maybe its a control issue I am having

[justbroke]

I just cant understand if u have never been late on your mortgage or car why the trustee has to make the pmt and you are including paying the trustee fee for this service. My attorney said the trustee makes all the pmts inside the plan. Cut & dry. I dont know why it bothers me so much but I want to make my own mortgage & car pmt outside the plan... Maybe its a control issue I am having

This is District specific. The Trustee is actually empowered by the Bankruptcy Code (11 USC 1302) to make sure the debtor stays current and makes timely payments. Many Districts have interpreted that to mean that the Trustee should make all the payments.

Yes, it's a control thing. The Trustee is in control. You actually, via your Chapter 13 plan, submit all your disposable monthly income to the custody and control of the Chapter 13 Trustee. They just extended that to your payments too.