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    #1

    Question re. Automatic stay

    Just a question for my info...


    Hi, I'm in chapter 13 and pay my mortgate/taxes on my own.
    I am 1 month late paying my taxes (but will take care of them this month).
    I received a letter from the bank saying if i didn't take care of it, they would pay the taxes and would increase my mortage payment to cover an escrow account.
    I phoned to explain I was sorry and it was being taken care of this month.
    Instead of trouble I received a huge apology from the bank....they are NOT supposed to send me any letters of the sort..i should disregard it and accept their apology.
    I said just please note I'll be paying it this month and I hope that will be fine. He said that was wonderful news and he'ld note my account and again please accept the apology.

    I really don't care..but was that a violation on their part?

    I hope everyone's having a good day..WA state is getting a major downpur of rain today!
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16
    Tags: None
    #2
    Hi..just curious if someone knows the answer to this question.
    Thanks.
    Filed Chapter 13 - 07/20/12
    Discharged 8/2/16

    Comment

      #3
      It "could" be a violation of the automatic stay in a Chapter 13 case. Typically, if the bank is going to escrow payments, they would contact your "attorney of record" and the Trustee so that a modification can be made to your plan. I think the bank is being hyper-technical, but they are better to be safe than sorry.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

        #4
        Originally posted by justbroke View Post
        It "could" be a violation of the automatic stay in a Chapter 13 case. Typically, if the bank is going to escrow payments, they would contact your "attorney of record" and the Trustee so that a modification can be made to your plan. I think the bank is being hyper-technical, but they are better to be safe than sorry.
        Thank you....i just tried not to laugh at the apologies I was getting. I was in he wrong but he turned it around and made it clear that they were in the wrong. He says there's no problem if I pay my taxes by the end of the month so not to worry. The letter they sent was just a standard one..to remind me to make my payment. They do not have the intent to force an escrow account just said they will if i don't pay my balance or let them know when i intend to. Just been a couple bad months..car accident, death of pet, medical problem...nothing that won't be resolved over time..I missed the payment because my minds been on everything bad going on...don't want to add this to the list.
        Filed Chapter 13 - 07/20/12
        Discharged 8/2/16

        Comment

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