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is this normal?

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    is this normal?

    hello
    I filed Chap 7 the end of November and discharge should happen end of Feb. I did Not include my house. The mortgage company (Amtrust Bank) refuses to send me statements or accept my payment even with cash at the bank itself. I have called Amtrust and they just say "sorry, there is a bankruptcy flag". I have been sending my payments to them cerified and they recieve it 2 days later but hold it until after the 16th therefore charge me late fees.

    I have left several messages with my atty but never hear from him, which is not unusual.

    Is this a normal procedure to not send statements or accept payment?
    Am I at jeopardy of loosing my house? I have heard nothing from Amtrust about re affirming but from what I understand reading on this board that I do Not want to reaffirm but to leave as is and they cannot force me, correct?

    any replies are appreciated. .

    #2
    If you file a complaint with your state bar, I'm almost certain you'll hear from your attorney. An attorney not responding to a client within 1 or 2 days is unacceptable.

    Comment


      #3
      When you are in bankruptcy (the 60 day automatic stay) the lender does not send statements and they move your account to the BK dept. Normally you just call the BK dept and either make a payment over the phone or get the address to send your payment. By the way, I don't think they are allowed to hold your payment to add late fees during the automatic stay - although I could be wrong.

      I did not pay my houses during the automatic stay because I surrendered them - but all the other accounts (car payments, verizon, at&t etc) had to be paid thru the Bk dept of each vendor.

      Once I was discharged the accounts were moved back to the regular processing and I have been able to make payments normally. YMMV
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        thank you startingover08 for this info. I feel much better. especially
        knowing that everything will go back to the normal process after discharge

        Does anyone know if re-affirming your mortgage is a pro or con rather than
        hoping for a ride thru?

        Comment


          #5
          Don't reaffirm. There is no real pro to reaffirming b/c the mortgage lender does not have to report to the credit bureaus that you are paying on time. They can promise you they will do this till the cows come home but in reality, they do not have to. It's in your best interest NOT to reaffirm.

          If they force your hand, then you have no choice but if it doesn't come up, I wouldn't do it.

          I reaffirmed my car (lender made me) but not my house. I guess I could have chose not to reaffirm the car to see what they would do but I definitely knew I could swing the car payment (it's not that much to begin with). I wasn't so sure about the house and lord, I'm glad I didn't b/c my payment just went up $175 a month due to an escrow shortage. If Iwant to walk away from the house now I can free and clear!
          11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

          Comment


            #6
            We are keeping 2 houses and 2 vehicles. The only thing we signed a reaffirmation on was my car. Reason = I am not upside down on it and we have a 4.9% interest rate.
            Chapter 7 filed 10/21/2008
            341 - 11/26 went smooth NO ASSET
            Took 115 days after 341 - But Finally DISCHARGED 3/25/09

            Comment

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