Mortgage payment question..wwyd?

[rpg1977]

We filed for BK13 on July 14. We left our mortgages (we have 2) out of it b/c we were never late on payments and we were current.

We made our payment for our second mortgage like normal and it posted on July 27th.

We got a letter in the mail Friday stating that the mortgage company had filed a claim for our July 2009 payment. I looked up my transaction history online and it does show me making a payment on July 27 and on the 27th of every month after.

At first I was livid and contacted my lawyer to file the objection that needed to be done within 30 days. Here was her response:

"Because you paid the July payment after you filed the bankruptcy, they filed a claim for the July payment. We can object or you can just be a payment ahead - this is helpful if in the future you need to miss a payment. Or you can skip a month now. It's up to you."

So, she is saying to let them collect the July payment through our plan and skip this months payment to break even, right? It would be really helpful if I can skip this months payment because I have a van in the shop and the holidays coming up.

How will this look? They won't file a claim for this month if I skip, will they? I guess I will just show a balance of owing 1027, but the balance will go down as the trustee disburses from my payments, right?

So, wwyd? Would you file the objection so there is no payment made to them from our plan, just let it ride and be a payment ahead, OR skip this month's payment and use that money to pay for my broken van?

I hope that makes sense. Oh, btw, this is our second mortgage.

Thanks!

[lrprn]

How will this look? They won't file a claim for this month if I skip, will they? I guess I will just show a balance of owing 1027, but the balance will go down as the trustee disburses from my payments, right?

From what I understand from your post, you paid your second mortgage payment after you filed, so the lender filed a claim to be paid back the missed payment as a part of your plan. Did I get that right?

So, wwyd? Would you file the objection so there is no payment made to them from our plan, just let it ride and be a payment ahead, OR skip this month's payment and use that money to pay for my broken van?

Only you can decide what's best to do in your situation. Ask your lawyer how much she will charge if you decide to object. That may help you decide what to do.

I'm not you, but if your lawyer thinks it's ok to let this ride, pay the 'arrears' in your plan, and be a payment ahead for possible leaner times in the future, I'd seriously consider doing just that.

[rpg1977]

Normally my payments are due the 15th of each month, but I am not charged a late fee as long as I pay within 15 days after the due date. So, normally, I pay on the 27th of the month. I guess that because I filed on the 14th of July..before I paid...they assumed I wasn't going to pay and filed the claim?

Anyway, the CSR said she sees the payments I made post petition. My lawyer says that is fine, just be a month ahead and not do an objection.

I think I will skip this month because I need the money to pay for the van and my daughter needs glasses. Maybe this was a blessing in disguise. I guess I'll just show a balance and it will get paid down as the trustee disburses the payments.

Thanks!

[rrockinggramma]

I would be careful about not making another payment right now. You already have 1 payment that is being put into your plan. And according to the mortgage company you are now current. The trustee payment is the "extra" payment. If you chose to miss one this month, then the mortgage company would see you as being 2 payments behind and that could bring on another set of circumstances. I would be very careful about skipping this payment.

[rpg1977]

I would be careful about not making another payment right now. You already have 1 payment that is being put into your plan. And according to the mortgage company you are now current. The trustee payment is the "extra" payment. If you chose to miss one this month, then the mortgage company would see you as being 2 payments behind and that could bring on another set of circumstances. I would be very careful about skipping this payment.

That is what I asked my lawyer about and have not heard back yet. Will they submit a claim a second time even though I am already ahead? The way she explained it to me the first time is that they already submitted a claim for a missed payment that was already paid, so skip November so that I am not paying twice. I can see it from both points of view. I wish she would get back to me because I need to know before I send in the check. I can really, really use new brakes!

[walkthaplank]

Why not just continue paying the mortgage like you are and don't think of it as being ahead? Think of it as resetting your monthly budget on the right foot instead of being continually 12 or 13 days late.

[rpg1977]

My lawyer finally called me back. She spoke to the mortgage company and they show me as not even owing anything until December 15. So, I can skip the payment I was going to send in in a few days...that extra $1000 will help get my car fixed, get my daughter glasses, and put us where we can actually start paying it on its due date and not dangerously close to being late.

Thanks for the advice!

[jade73]

awesome!