top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Mortgage WOES!

Collapse
X
Collapse
 
  • Page of 2
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 template Next
    #1

    Mortgage WOES!

    Well here we go AGAIN! Called in to make my first mortgage payment after filing. I filed at the end of July and was told by my atty that my first payment wouldn't be due until Sept 1. I know a few people on here have explained that August should be my first petition payment. I completely understood that! I should have listened. When I called Wells Fargo to schedule my Sept payment, they are telling me that I'm due for August! GREAT!! I missed that payment but only because my atty told me Sept. The atty is on the phone with them now trying to get it straight...but I'm seriously afraid WF will file for a motion to lift stay because of this blunder...what do you all think?

    My atty is very knowledgeable and I trust that she will get it straight, will she have to file an amended proof of claim?
    Tags: None
    #2
    I don't think there is anything to amend. Worst case scenario, you need to get caught up on your mortgage. You said you'd called in to make your Sept payment - it will get applied to August and you may need to pay the late fee. Then make every effort to pay September by 9-15 (assuming that is your cutoff to avoid late fees) and get back on track.

    This should not be enough to jeopardize your plan, as long as you catch it up.


    Edited to add: Going from your post on 8-9, it was then that you called in a payment right? So you should not have a late fee, and should just have the September payment coming up. Seems like you were wanting to be one month ahead, which I can understand, but you should actually be right/on time now unless I'm missing something?
    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

      #3
      That would really make me mad if I had to make 2 payments in 2 weeks...I think the atty should pay it! But I filed to stop foreclosure so of course this is my main stressor! I want to keep my house and I don't want to risk losing it for something that's not my fault! Thanks for the info!

      Comment

        #4
        If you paid a payment on August 9th then August should be paid. If you didn't make the payment while waiting for your atty to clarify things, then you'll probably need to pay a late fee now. Asking your atty to cover that would not be unreasonable in my opinion.


        Originally posted by justbaby View Post
        That would really make me mad if I had to make 2 payments in 2 weeks...I think the atty should pay it! But I filed to stop foreclosure so of course this is my main stressor! I want to keep my house and I don't want to risk losing it for something that's not my fault! Thanks for the info!
        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

          #5
          Oh no - when I called to make the September 1st payment, this is what they told me SO I didn't make it. (actually I was calling to schedule it to be posted ON Sept 1st) I wanted to clear this issue before I gave a payment...

          So, unfortunately it would still be a month behind...(according to them)

          Comment

            #6
            At this point, I just want it fixed so that I can move on with making the payments! I hate that I listen but you know, that's why you pay the attorney. She insisted I wait until after 7/16 to file because she could include August's payment...I believe she will be able to fix it though! I'm optimistic!!!

            Comment

              #7
              Originally posted by justbaby View Post
              At this point, I just want it fixed so that I can move on with making the payments! I hate that I listen but you know, that's why you pay the attorney. She insisted I wait until after 7/16 to file because she could include August's payment...I believe she will be able to fix it though! I'm optimistic!!!
              Waiting until 7/16 would have made July's payment officially late (after the 15 day "grace") and that's what the attorney included.

              Find a way to pay it maybe talk with the bank and split it up over a couple of months. Either way, it's your responsibility not anyone else.
              19% dividend

              Comment

                #8
                Update: my atty talked to the bank's attorney and it was entered wrong. It will be fixed in the next couple of days. So apparently everything was done as my attorney said and my payment won't be due until Sept 1.

                Comment

                  #9
                  Glad to read about that. Chapter 13s are special and it appears that you're paying your mortgage "outside" the plan. By that, it's technically in the plan, but you pay it directly. This can almost always cause trouble since you don't have the Trustee behind you (making the payments).

                  In any events, glad that you have this sorted out.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                  Comment

                    #10
                    I was almost in the same boat. We filed at the end of July. Atty said 1st ch 13 payment due Sep 1. I realized on my own that an August mortgage payment needs to be made. I can see how easy it could have been to not make the Aug mortgage payment.

                    Comment

                      #11
                      Update: It's fixed! I called to post date my September payment (once again) and their system has now been updated! My first post petition payment is September 1st, just as my lawyer said..I guess I needed to just be patient!

                      Comment

                        #12
                        Glad it all worked out.

                        As I side note - I get nervous dealing w/ people in customer/service for something like scheduling a payment. I do it either online from my bank or thru the company's site. But its good that you called, since that alerted you to the problem which in turn got it solved!
                        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

                          #13
                          Good idea. Would that be bill pay through my bank? All I would get is a confirmation number from the customer service rep. I'd like to have something I could actually print! And its an additional $20 to may a check by phone payment. BUT it posts the same day....I wonder if bill pay at bank posts the same day?

                          Comment

                            #14
                            When I do bill pay thru my bank, I set the date to pay = my direct deposit date. Such as my next direct deposit is 9/3 so I would set 9/3 as the date for my bank to pay the Sept mortgage. It comes out of my account that day, most companies post the payment the next business day. (Exception is companies that do not do e payment, and then my bank mails a check.)

                            Some companies actually post it the same date as when the $ comes out of my bank. My electric company for example. I paid them w/ bill pay this past Friday and they show 8/20 as the date paid.

                            My fear with calling in and dealing with a person - they sometimes make mistakes. And if I want a payment to happen on xx/yy date, and they process it sooner - UH OH.
                            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

                              #15
                              Great! Thanks for the information. I will inquire about doing this with my bank today!

                              Comment

                              Previous 1 2 template Next

                              bottom Ad Widget

                              Collapse
                              Working...
                              X