post-petition mortgage payment in Maryland

[bntactnt]

I am behind on my mortgage and had just received a NOS, thus I will need to file Chapter 13 to stop this one of two before the date/time of the NOS.

My question- I reside in Maryland and since I am behind on mortgage, do I still have the option to make my post-petition mortgage payments OUTSIDE THE PLAN for the simple reason I do not want to pay an admin fee to the BK Trustee?

Please help...

Thank you.

[newbie2]

I am behind on my mortgage and had just received a NOS, thus I will need to file Chapter 13 to stop this one of two before the date/time of the NOS.

My question- I reside in Maryland and since I am behind on mortgage, do I still have the option to make my post-petition mortgage payments OUTSIDE THE PLAN for the simple reason I do not want to pay an admin fee to the BK Trustee?

Please help...

Thank you.

My understanding is that since you are behind, that payments (and the arrears) must be made to the trustee. However, this could be one of those district specific things. Perhaps someone from your area will chime in.

[SMinGA]

District specific, I'm afraid. When I was dealing with mortgage arrears - my district (N. Georgia) plan was to pay arrears thru the trustee and regular mortgage payments direct.

But... Unless you will have very little 'extra' dmi, it does not matter.

Say you have $2000 DMI (not counting the mortgage payment in your budget) and a $1250 mortgage. That leaves $750/mo for arrears, trustee fee, any priority debts and atty fees, with the rest going to unsecured. As long as that $750 is enough to cover what needs to be paid (arrears, trustee, etc. etc.) then the bottom line for you is the same. Whether you pay $2000 a month to your plan or $750/mo to your plan and $1250/mo to your mortgage you still pay $2000 a month total.

It does become important if the extra amount to the trustee means you don't have enough to pay arrears, priority debts, etc.