first post Ch 13 petition mortgage payment

[IamOld]

Well everyone, I think I need to change my "name" to "neurotic" - anyway, filed last week, so mort is due May 1st. SO - I Fedexed payment to the overnight payment address of the bank, so they got it yesterday. Paralegal said NEVER BE LATE!!! If anything be a day or two early!!

SO - while car loan co's already turned off online access, etc., mort bank has not! They don't get electronic notification from what I've seen.

We were only two months behind - really one - so at any rate, payment was sent, I put MAY 2011 on the check, but of course they applied it to March's payment.

My presumption is that when they do get notice of the BK, they'll want the stay lifted for us not having paid first post-petition payment. I'm planning on emailing copy of check, fedex info, to paralegal, just in case - and of course canceled check once that comes through. OR am I being paranoid???

We do NOT want to loose the house - payment is LESS than what we'd pay for rent!!!!!

Any thoughts????

signed, neurotic :-)

[newbie2]

Well everyone, I think I need to change my "name" to "neurotic" - anyway, filed last week, so mort is due May 1st. SO - I Fedexed payment to the overnight payment address of the bank, so they got it yesterday. Paralegal said NEVER BE LATE!!! If anything be a day or two early!!

SO - while car loan co's already turned off online access, etc., mort bank has not! They don't get electronic notification from what I've seen.

We were only two months behind - really one - so at any rate, payment was sent, I put MAY 2011 on the check, but of course they applied it to March's payment.

My presumption is that when they do get notice of the BK, they'll want the stay lifted for us not having paid first post-petition payment. I'm planning on emailing copy of check, fedex info, to paralegal, just in case - and of course canceled check once that comes through. OR am I being paranoid???

We do NOT want to loose the house - payment is LESS than what we'd pay for rent!!!!!

Any thoughts????

signed, neurotic :-)

Take a deep breath. You have done everything you are supposed to do. Now is the time for you to try to relax and let your attorney handle things. You will not be losing your house.

[IamOld]

Thank you newbie!!!!

Relax? What is that? Is that a word? I'm not familiar with that at all!!!!

:-)

[justbroke]

Depending on your District, the mortgage payments may need to go through the Trustee (as it is in Florida). That means that you would have held that payment and given it to the Trustee as part of our first Plan payment. It appears that your District requires direct payment to the secured creditors, so you did it correctly.

I would not worry about them misapplying the payment. They are required to apply the payment to the "post-petition" payments and the arrears will come through the Plan payment.

[IamOld]

THank you!! Justbroke - here the regular mort payment and the regular car payments are paid OUTSIDE of the plan, and the Trustee pays the arrears only. My only thing is that as of now, they don't "know" about the filing...and that would mean that the powers to be there would have to a) look at the date of the filing once they get it, and b) look at the account, etc.... :-)

Depending on your District, the mortgage payments may need to go through the Trustee (as it is in Florida). That means that you would have held that payment and given it to the Trustee as part of our first Plan payment. It appears that your District requires direct payment to the secured creditors, so you did it correctly.

I would not worry about them misapplying the payment. They are required to apply the payment to the "post-petition" payments and the arrears will come through the Plan payment.