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Ack! Mortgage...HELP!

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    Ack! Mortgage...HELP!

    We banked with BoA for several years. We had a cc tied to our acct for overdraft. Bad choice, ended up in debt about 20k to BoA. MBNA card was bought by BoA and we did a BT to the tune of 9k from the BoA card to the MBNA card trying to stay afloat. This was about a year ago.

    So, we owe about 30k to BoA.

    Closed our checking with them just prior to filing.

    They bought out Countrwide so now they own our mortgage.

    We have no equity in the house (only been in it for 1y2m) but intend to reaffirm.

    I used the new BoA mortgage website to change our autopay info (switch from autopay at the BoA checking which is now closed to our new checking acct).

    Our payment should have been pulled out at the beginning of the month and it still hasn't been, so I decided to check the website. It's locked me out. I can log in but not access any info.

    I called the number and got a recorded message about how our mortgage and any interest was included in the bk.

    I am not sure that this means for us. Our lawyer's office is closed for lunch but I will call and ask what we should do.

    Can BoA choose not to allow us to reaffirm?

    Should I make arrangements to pay or is the lack of payment the result of the automatic stay?

    What do I do?

    I am freaking out and a little upset. I know it would be ok if we lost our home, but I don't want to!
    Ch 7 Filed: 4/27/09
    341 Meeting: 6/11/09

    #2
    When you file, your loan gets 'moved' into the BK dept.

    You have to call the BK dept of your lender to find out how to make the payment while you are in BK. They do not contact you because it is a violation of the auto stay.
    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..

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      #3
      I feel like such a moron -- I didn't know this.
      Ch 7 Filed: 4/27/09
      341 Meeting: 6/11/09

      Comment


        #4
        Don't feel like a moron! None of us knew this until we ran into the same issue...
        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


          #5
          Thanks so much. I appreciate it.

          As an update, I contacted our lawyer (well, paralegal) -- she said we need to be vigilant about staying current.

          Called BoA, they were very nice. Our auto-pay had the pymts broken up so we paid bi-weekly instead of 1 lump sum out of 1 paycheck.

          We can't make the full payment at this time -- close, but not quite -- and they can't accept partial pymts. The grace period ends the 15th and we get paid the 14th so I will have to call then and pay.

          We will have to really work to be able to make pymts out of one check in the future.
          Ch 7 Filed: 4/27/09
          341 Meeting: 6/11/09

          Comment

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