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    1st mortgage payment

    Hello all...when is the 1st mortgage payment due in a chapter 13. I met with my attorney October 8th but he got an extension because we were uncertain about the mortgage amounts. So he actually didn't file the case until November 6th. But I was told to make the first plan payment of 100.00 by November 8th in which I did. So when is my 1st mortgage payment due? That payment is paid outside of the plan. So if it is due for November then I am late already but I think the grace period is not until November 15th. My 341 meeting is on November 20th. I believe I cannot pay that mortgage payment until November 20th. Will the trustee know I didn't make that first payment yet and what would happen if it is 5 days late. I'm afraid to tell my attorney that I will be late. What actually happens at the 341 meeting? Thanks for your help.

    #2
    Unless otherwise directed you must resume mortgage payments with the first payment that comes due after filing. If your payments are made directly to the lender (not through your Trustee) and you filed after November 1st AND your mortgage payments are due on the 1st of the month then the resumption of payments should be as of December 1, 2013. Verify this with your attny.

    Des.

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      #3
      Ask your attorney, but unless there are arrears from late mortgage payments in the CH13 plan then you will likely need to make the Oct and Nov payments. My attorney had us give them our next mortgage payment and they paid it. I had arrears in my plan so the attorney told me exactly what payments were included in the CH13 and that they would make the next payment. After that it was up to me to keep it current. While in a 13 there is no grace period for the mortgage. It is due the 1st. Every mortgage company seems to deal with this differently. Some are sticklers and some are not.
      11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

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