Received Intent to Acclerate on 2nd, 13 months after filing

[fozzmichigan]

My wife and I filed Ch 13 in August of 2009, her idea. The two months later she walked out to live with a boyfriend 21 years her senior that i didn't know about. Anyhow we stripped the 2nd and now after the divorce was final we have severed our joint CH13 and she filed CH7 so has no debt payments what so ever. I got stuck with all of them.

Enough *****ing i guess.

Anyhow, as mentioned the 2nd was stripped. It was with Bank Of America as was the first. BOA was served notice etc and never filed a claim. I have been, and continue to be, current on my first. Much to my surprise, Saturday I receive a certified letter which is a "Notice of Intent to Accelerate" on the 2nd. Is this just a case of BOA not knowing what they are doing, automatic computer generated form letter, or do I have something to worry about. I have contacted CH13 attorney but don't always hear back right away.

Little History:

Original Mortgage: $340,000.00 5/1 ARM 11/1/2005
2ND. Mortgage: $80,000 12/1/2006
Appraised 11/1/2005 $430,000
Appraised 6/23/2009 $253,000

Worked for over 6 months to get BOA to modify 1st after CH13 and they refused. Now glad they didn't, payment dropped $525 a month at first change date of 11/1/2010

[helpmeout]

I'm fairly certain that you when you strip a 2nd mortgage in a Chapter 13, you have to complete it. You didn't finish it so you probably do have something to worry about. Consulting with the attorney is a good idea.

[fozzmichigan]

I'm fairly certain that you when you strip a 2nd mortgage in a Chapter 13, you have to complete it. You didn't finish it so you probably do have something to worry about. Consulting with the attorney is a good idea.

Just to make sure that I wasn't misunderstood. I am currently and always have been up to date with my Chapter 13 payments.

[helpmeout]

Just to make sure that I wasn't misunderstood. I am currently and always have been up to date with my Chapter 13 payments.

Sorry, when you said you severed your joint Chapter 13, I thought that you meant it that the whole thing was stopped.

Was your ex on the second mortgage? If so, the fact that she didn't complete the Chapter 13 may create a problem. And that is something that only a BK attorney will be able to answer.

[fozzmichigan]

Sorry, when you said you severed your joint Chapter 13, I thought that you meant it that the whole thing was stopped.

Was your ex on the second mortgage? If so, the fact that she didn't complete the Chapter 13 may create a problem. And that is something that only a BK attorney will be able to answer.

I thought that at first also, but since we severed the original CH13 case and I assumed all debt it was essentially done to remove her name and thats it. The original case is now all mine with just less income, and yes her name was on it but she quit clam deeded the property to me and took 100% of my 401k in exchange.