Before you file here is my comical story

[jane taylor]

Yes, Curba, please do keep us posted. I am so sorry this is happening to you. BK is a nightmare even when it goes smoothly. Hang in there and God bless

jane

[Bit_Image]

What the hell? Were is the rest of this story?!?!!? I invested over an hour reading this post

[car67]

Wow what a story and to boot someone was in your house and changed the locks I would go flippin insane!

[keepmine]

While this was just insane, the real problem the poster had was, they should never have been in a 13 to begin with.
Look at the intial post. Trying to retain a home and 2 cars and support whatever size family on $60K a year was mission impossible from the start. They'd have been far better off in a Chapter 7 and just start all over.Sometimes, it just doesn't pay to try and hangon to stuff if you can't afford it.

[DebtSlave]

OMG just reading your story...I don't know whether to laugh or cry for you.
Keep your chin up I certainly hope this mess can be finessed to your favor.

[BrokeinMD]

This was an incredible story. Anyone ever hear from the OP the rest of this story? I timed out twice reading it, but it was worth it!

[ShooFly]

This is EXACTLY WHY you keep your mortgage payments INSIDE your plan. My lawyer tried twice to convince me to pay it outside the plan and I said NO WAY... the main purpose of a 13 is to protect the house! Try to modify your plan if you still have the house to include the mtg payment

[lrprn]

This is EXACTLY WHY you keep your mortgage payments INSIDE your plan. My lawyer tried twice to convince me to pay it outside the plan and I said NO WAY... the main purpose of a 13 is to protect the house! Try to modify your plan if you still have the house to include the mtg payment

The reason your lawyer recommended paying your mortgage yourself is that if your mortgage payment is paid by your trustee, you have to pay the trustee's monthly fee on top of your mortgage payment (up to 10% depending on your state or part of state). For example, if your mortgage payment is $1000/month and your trustee's set monthly fee % is 5%, your monthly Ch 13 payment will increase by $50 extra a month just so your trustee will make your mortgage payment for you. Over five years, that's a lot of dollars that are in most cases completely unnecessary to spend.

In curba's situation, there was a much more powerful legal option to pursue - the mortgage lender's violation of the automatic stay in the first place.

I'm happy to say that the cr*p seen here isn't happening very much anymore. During 2006 (the date of this original thread) right after the new bk law was passed and went into effect in 2005, we had a large number of forum members struggling with bogus charges and attempts to foreclose by their mortgage companies when they had no right to do so. Eventually this kind of illegal stuff by lenders stopped for the most part because of the housing crash in 2008 that devalued many properties significantly, lenders started getting enormous numbers of their properties returned via foreclosures and bks after the housing crash, and (most importantly) finally the mortgage lenders figured out that with the changed housing situation, they were losing money trying to get properties back (even legally) in the long run.

[BrokeinMD]

I'm not a 13, but this story blew my mind about how vicious banks can be. The day before I received PNCs mortgage papers to life the stay to foreclose, my neighbor spotted somebody stopping in the front of my house to take a picture, then drove behind it to take a picture of the back yard. I'm sure it wasn't a tourist! LOL! I'm current now, but everything I send them is locked in escrow/impound (per their website), so I won't know if they're going to try to charge me for this little picture taking episode until after my discharge. I'm going to keep a look out for it. Plus, my hospital where I had surgery last year is still billing me, so I'm going to draft them a nice cease and desist letter this week. So, while they may not be as agressive, they are still doing this stuff. I really would like to hear from the OP how it turned out for him.