Missed 3rd Mortgage Paymt. Keep getting calls from lender.

[appleae]

We have now missed our third mortgage payment. We received a letter a few weeks ago giving us the right to cure the default balance. Then, most recently, received a letter indicating "Because you have failed to reinstate, your account may be sent to an attorney to initiate foreclosure action... If you wish to discuss possible alternatives to avoid the foreclosure action, please contact us..."

We hope to have our Ch.13 petition filed by the end of this month.

We have referred all unsecured creditors to our attorney's office, however...

We have not responded to any calls from the mortgage lender. Should we make contact with our mortgage lender so they know that we haven't just walked away from the property and to also inform them that we are filing chapter 13?

We are waiting on advice from our attorney, but are getting nervous as it gets down to the wire; we just want to be proactive.

[BNKRPTinNC]

I know how you feel. We tried to be up front and proactive with our lender but it got to the point where they became too demanding and totally uncooperative. Another couple weeks is not going to matter. We were around $8K in arrearage or about 7 months. They threatened with letters, calls, etc., etc. Finally came out to take pictures and unless I paid that afternoon they were going to foreclose. We had retained an atty so they could bluff all they wanted. We informed them that any demands would have to be directed to our atty. Once you have filed and get a case number all that malarky will stop. The past due payments were worked into our 13 and the plan pays all secured and unsecured creditors. So, since you have hired an atty I would refer the mortgage holder to your atty and don't let them worry you.

[tjs1970]

we are almost 20k in arrears and going on our 8th month of no payment........you should have nothing to worry about if you are filing in a few weeks.......we are actually waiting for the NOD and then are going to file a week before the foreclosure date to prolong our rent free time in the home.......

[appleae]

I know how you feel. We tried to be up front and proactive with our lender but it got to the point where they became too demanding and totally uncooperative. Another couple weeks is not going to matter. We were around $8K in arrearage or about 7 months. They threatened with letters, calls, etc., etc. Finally came out to take pictures and unless I paid that afternoon they were going to foreclose. We had retained an atty so they could bluff all they wanted. We informed them that any demands would have to be directed to our atty. Once you have filed and get a case number all that malarky will stop. The past due payments were worked into our 13 and the plan pays all secured and unsecured creditors. So, since you have hired an atty I would refer the mortgage holder to your atty and don't let them worry you.

Thanks for responding so quickly; it's definitely given us some peace of mind.

[appleae]

we are almost 20k in arrears and going on our 8th month of no payment........you should have nothing to worry about if you are filing in a few weeks.......we are actually waiting for the NOD and then are going to file a week before the foreclosure date to prolong our rent free time in the home.......

We received a NOD @ only 60 days past due. I guess some mortgage lenders get more aggressive with their scare tactics. I guess when we receive an actual foreclosure notice is when we then should really worry.

[tjs1970]

i have done some research in my counties website on a daily basis to see the notice of sales........on them it shows when the notice of default was sent and most of them occurred 30 days earlier.........but there are a few here and there which took longer to have a sale date set......

my servicer is saxon mortgage for both my first and second...........they are known for being slow and hard to deal with.........but the reality is there could be a number of reasons for them not moving forward yet.......my deed of trust has wording that includes MERS, which could be problematic for them if i ask them to produce the note.......and since i paid almost 90k in interest over the course of 3 years and are only 20k in arrears, maybe their internal calculators havent indicated to them that they need to move forward yet..........either way, i am going to file a CH13 close to the sale date and stall with an attorney as long as i can so to stay in the home rent free for as long as possible.....

[appleae]

i have done some research in my counties website on a daily basis to see the notice of sales........on them it shows when the notice of default was sent and most of them occurred 30 days earlier.........but there are a few here and there which took longer to have a sale date set......

my servicer is saxon mortgage for both my first and second...........they are known for being slow and hard to deal with.........but the reality is there could be a number of reasons for them not moving forward yet.......my deed of trust has wording that includes MERS, which could be problematic for them if i ask them to produce the note.......and since i paid almost 90k in interest over the course of 3 years and are only 20k in arrears, maybe their internal calculators havent indicated to them that they need to move forward yet..........either way, i am going to file a CH13 close to the sale date and stall with an attorney as long as i can so to stay in the home rent free for as long as possible.....

I wonder if the letter we received was really the official "NOD". Was your "NOD" sent by certified mail?