4 months into Chap13, home and car included in plan payment. Been checking Chap 13 data base, they have been paying car payment and lawyer fee but has yet to make payment on mortgage. Is this normal or should I be concerned and talk to my lawyer? Thanks for any info
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Originally posted by randy5724 View Post4 months into Chap13, home and car included in plan payment. Been checking Chap 13 data base, they have been paying car payment and lawyer fee but has yet to make payment on mortgage. Is this normal or should I be concerned and talk to my lawyer? Thanks for any info
They can not charge you any late fees or penalties.Filed CH13 - 06/2009
Confirmed - 01/2010
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Don't ever be afraid to call your lawyer when you have questions. That's what you're paying him for is to advise you. It could be any number of things -- an oversight by the trustee or maybe the mortgage company hasn't filed a proof of claim yet. If they don't, your attorney needs to be on top of the ball enough to file one for them.Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.
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If your actual monthly mortgage payment is a "conduit" payment through the Plan, as opposed to simply curing the arrears, depending upon local rules, payments to your lender should have begun the month after filing. You need to immediately contact your attorney to find out the normal procedure. Conduit payments are nothing more than a way to line a Trustee's pocket (Trustees make a ton in fees to disburse the payments) and, if the lender is not getting its regular going forward mortgage payments it will seek to lift the stay.
If your actual monthly payment is not a “conduit” payment then you should have resumed payments directly to the lender the month after filing.
Des.
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Originally posted by despritfreya View PostConduit payments are nothing more than a way to line a Trustee's pocket (Trustees make a ton in fees to disburse the payments) and, if the lender is not getting its regular going forward mortgage payments it will seek to lift the stay.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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