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    Post Petition Payments/Mortgage

    Trying to get FULL clarification before I "challenge" or "question" my attorney. I had my consult on June 30, 2010. The attorney sat with me at that time and developed a budget since I had everything with me at that time. We have an estimated payment which will include about $11000 of mortgage arrearages. I had to have my taxed amended so it would be a few days before I could get everything back to her. She asked me did I think I could make a mortgage payment in August? I told I could but it would be tight since I had to deplete to pay her. She said that if she filed after July 16th, that I wouldn't have to pay August, as she would include that in the arrearages (she reworked the estimated payment) and told me my payment wouldn't be due until Sept 1st. I want to make sure that's correct and that the August 1st payment wouldn't be considered a post petition payment? I don't want to have the mortgage company file a relief from stay because of the payment mixup...

    Any thoughts?

    #2
    Originally posted by justbaby View Post
    Trying to get FULL clarification before I "challenge" or "question" my attorney. I had my consult on June 30, 2010. The attorney sat with me at that time and developed a budget since I had everything with me at that time. We have an estimated payment which will include about $11000 of mortgage arrearages. I had to have my taxed amended so it would be a few days before I could get everything back to her. She asked me did I think I could make a mortgage payment in August? I told I could but it would be tight since I had to deplete to pay her. She said that if she filed after July 16th, that I wouldn't have to pay August, as she would include that in the arrearages (she reworked the estimated payment) and told me my payment wouldn't be due until Sept 1st. I want to make sure that's correct and that the August 1st payment wouldn't be considered a post petition payment? I don't want to have the mortgage company file a relief from stay because of the payment mixup...

    Any thoughts?
    This is interesting. Mortgage payments are typically for the previous months usage of the loan. IE: August 1sts payments would be for usage of Julys principle and interest..

    It sounds like this is what your attorney is stating, in a round about way.
    Be safe though, pick up the phone (or email her) and ask her to clarify that you will be safe in doing this.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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