I filed Chapter 13 on July 23rd. My atty included the August's payment in the arrearages and told me that I wasn't due until September 1 for my first post petition payment. Well Wells Fargo is showing that I'm still due for August 1st. I called in to set up my September 1st payment and this is what they tell me...I called and the paralegal said she will have my attorney call WF's attorney to find out about their proof of claim....I'm so nervous that they will file a motion to relief and continue with the foreclosure because I was being told the wrong thing by my attorney. What should I do? I'm sure it could be fixed but its so stressful.
-
-
From what I've been told, any payments due after your file date need to be paid on time. I think you owe August 1st payment, not sure how that would be arrears if you filed July 23rd. You need to talk to the atty, not the paralegal.
I doubt WF would file for relief from the stay at this point, but at your 341 the trustee may ask if the August payment has been made...Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.) -
Apparently they are just receiving the paperwork and everything isn't completely reflected in the system. (according to the paralegal). They will need to call back tomorrow because the actual attorney was out of the office today, as is mine. So that's why I was talking to the paralegal. She's pretty sure that it should resume in September as that's what I signed on all of those docs. We will see what comes of it.
What would the trustee do? Increase my monthly payment? Allow my attorney to fix it?Comment
-
The trustee could (I believe) insist that you make the August payment.
Part of the ch. 13 is that post petition mortgage payments be made on time (if paying outside the plan). Could hold up confirmation. I know that in my district, I will have to supply confirmation of payments made to the atty who provides them to the trustee.
I could be wrong, but I don't see how a future payment (at file date) could be considered arrears.Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.)Comment
-
Yeah, I really don't understand that either but I was going by what the atty told me. I guess worse case is that I would have to make the August payment but I wouldn't want to lose my house over my attorney's mistake. She insisted we file after the 16th of the July because the August payment is now due.
She's supposed to follow up tomorrow with the bankruptcy attorney for WF...Comment
Comment