Mortgage Company Not Letting Me Pay What To Expect?

[car67]

Greetings all.... My mortgage company will not let me pay on my first mortgage
Since Oct 2010....... I am a Chapt 7 discharge in 09 with no reconfirmation or request from mortgage to do so.... Fast forward Had an accident had surgery early 2010 got late on bills so now in Chapt 13 fresh file Aug 2010 confirmed with 341 complete payments current..... Second also has been stripped granted approval to strip based on completion of this 13 which is a 36 month plan. In oct i called to pay mortgage for oct on oct 28 and was told I couldnt cause I am late for oct LOL. We got a letter in NOV from mortgage company to get relief of stay and they used the case number from the old 7 case........ Its a mess.... I keep calling the mortgage people and tell them they have file wrong and I need to be able to pay...... They are telling me I have to wait for their attorney to respond to my attorney and hash out a deal... My attorney has called several times and says he just gets run around and for me to rat hole the mortgage money for a rainy day until they make the next move? What do you guys forsee happening? It appears the mortgage company has no clue we on a new 13 and they are basing the file I am still in my old 7? Weird to say the least..... Any comments? PS Happy New year to All!

[helpme2010]

I think this is why the major thinkers on this board tell us not to reaffirm the house, but to stop making payments months before filing bk and then don't make any new payments unless you get something guaranteed in writing from the mortgage company. My mortgage company does not want to give me a loan mod, they simply want that large chunk of money I owe them, which is the amount that could pay rent at a house for 2 years. I don't have the money, I don't want to borrow the money. I love this house, but came to the conclusion I would have to let it go after filing chapter 7.

I am like you, I am filing a 13 to help keep me in the house longer and I want to stay here as long as possible until I can land a job and rent another house.

[car67]

Right but let me be clear I have the cash to pay..... My mortgage company wont accept it. They said I was late in Oct when I tried to pay Oct 28 for Oct and they were moving in court for relief. Well they filed relief under my old chapt 7 case number which has no bearing on the new 13 case... Its moot.... I am thinking they cant find the file and the delay is causing me to sit here with no payments being made going on 4 months........ They even sent me a letter to call as they wanted to work with me but the letter they sent had a disconnected number.. I filed a complaint with the BBB and AG in Oct as I feel its abuse to file for relief to generate service fees when a person was trying to pay! I did this just to time stamp my attempt to make a payment and was denied. Not sure what they are thinking. They cant forclose not even an option.... It appears they think I am in my old 7 and not even aware of the current 13 that is now confirmed.... Its a mess!

[RunningMan]

Have you tried mailing them a check, or only tried to pay over the phone?

MTA: My mortgage is due on the 1st of the month and is late on the 10th, so if you tried to pay on the 28th it is possible you were late for October.

[car67]

yes tried over the phone and they told me they couldnt accept a payment cause I was late. I have paid many times on different days in the month and always had a grace that as long as I paid within the month it was due and it didnt go 30 days late then I wasnt late and no late fees would apply.

[RunningMan]

Well good luck, I hope it works out for you! You should follow your attorney's advice. We haven't had our 341 hearing yet (it is scheduled for Tuesday), but my attorney had to show proof to the trustee that we are making the payment on our first mortgage on time. I have been mailing them in two weeks before they are due. I used to pay it online, but they disabled my online account after I filed. I have not tried to pay by phone.

Perhaps you are having difficulty with your plan or budget if you do not have the money for your mortgage until you are three or four weeks past the due date. If your income has gone down, maybe your attorney can try to get your plan modified.

[lrprn]

In oct i called to pay mortgage for oct on oct 28 and was told I couldnt cause I am late for oct LOL.

Not unusual at all. You tried to pay your October 1 mortgage payment on October 28. Your payment was late after you filed - there's no guaranteed grace period after filing. Your lender had every right at that point to petition the court to repossess your house.

I keep calling the mortgage people and tell them they have file wrong and I need to be able to pay...... They are telling me I have to wait for their attorney to respond to my attorney and hash out a deal...

You are getting the run-around. The longer you go without paying, the stronger their case for taking your house when the court filing gets straightened out...and it will eventually get straightened out.

My attorney has called several times and says he just gets run around and for me to rat hole the mortgage money for a rainy day until they make the next move?

Your lawyer is being lazy. You and he both need to get off the phone. Your lawyer needs to send an official letter on his office letterhead to your lender threatening legal action if they continue to deny the ability to make up the arrears on your mortgage and that they must provide a mailing address immediately to make up your payment arrears and to send your payments to going forward.

Do you have anything in writing stating that your mortgage lender refuses to take your payments? If you don't and everything has been verbal up to now, then you are hanging out a mile here.

What do you guys forsee happening?

Your lender is going to try to take your house. Being that you are in five months arrears now, they have a very strong case to do just that. Anything that's been said verbally betwen the two of you or between your lender and your lawyer isn't going to be enough to excuse you legally in this unfortunate situation. The lender can simply say the conversations never happened. Can you prove they did? Can you prove what was said during the calls?

Get your lawyer off the dime and tell him to force the mortgage company to respond in writing that they refuse to provide a mailing address to make your payments or that they must provide you with a mailing address to make up the five months of arrears right now.

Last and most important question.....can you pay off all the missed months of payments in full right now if you are able to do so?

[car67]

Yes going to have attorney send a letter demanding we are able to make payments or petition the court to address the issue. I will be rattling the saber horn Monday thanks for advice.....

[BrokeinMD]

If your lender also has a physical branch, you can walk up to the teller window and pay it. They always take your money!

[Pandora]

I am a Chapt 7 discharge in 09 with no reconfirmation or request from mortgage to do so.... Fast forward Had an accident had surgery early 2010 got late on bills so now in Chapt 13 fresh file Aug 2010 confirmed with 341 complete payments current..... Second also has been stripped granted approval to strip based on completion of this 13 which is a 36 month plan.

The bigger question I'd be wondering is since you're fresh out of a Ch. 7 discharge - how do you expect to get a discharge granted in order to strip your 2nd mortgage off in your Ch. 13? You have to meet the time requirements.

What does your confirmation orders say? It should have something about the eligibility for your discharge.

[ABC]

If your lender also has a physical branch, you can walk up to the teller window and pay it. They always take your money!

Mine would not. US mail only.