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CH 7 Discharged... behind on mortgage

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    CH 7 Discharged... behind on mortgage

    My CH 7 was discharged in April 2009, I did not reaffirm my mortgage with Wells Fargo, but intended to stay in the house.

    I am now experiencing some financial strain and am currently 15 days late on the mortgage. How bad would it be if I got one month behind? I could make two payments next month, but don't think I can make this month's payment before the first of July... will they foreclose immediately? If I make two payments next month will they accept them?

    Anyone have experience here? thanks.

    #2
    Depending on your state, I would think it would take at least a month for a house to be sold at auction, probably much longer. In GA, where the house we are letting go is located, they were required to post it in the paper for a month - and GA has non-judicial foreclosure. If you have a state with judicial foreclosure, I would imagine it takes even longer because they have to get a court order first. IANAL...

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      #3
      I would call them and let them know that you are having a hard time right now. I have Wells Fargo too, and they've always been real helpful with my mortgage payments, as long as you give them a date that you'll be able to pay it full....they won't call you.
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

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        #4
        I would call them if I were you. I'm sure they will work something out with you.
        4/09 Converted to a Ch 7 due to loss in dh's income
        5/09 UST now involved no idea what happens next
        7/09 UST has decided to withdraw his motion to dismiss!
        7/27/09 DISCHARGED!!!

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          #5
          They really don't want your house. They want your payment. Call and don't worry. Worry in the second month if you do not pay. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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            #6
            We'll be in a very similar situation this summer, where we'll be 31 days late one month. We have Citi and did not reaffirm so I called them and asked what would happen. They said basically nothing will happen, only if you become 60 days late will they then POSSIBLY begin legal proceedings. But as others have stated, they don't want your house (especially if you are like a lot of people and are upside down), so I am sure they will be willing to work something out
            Filed Ch 7 - 07/10/08
            341 Meeting - 08/13/08
            DISCHARGED! - 10/15/08
            CLOSED - 10/20/08

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              #7
              I have Wells Fargo. Unfortunately my house payment is consistently 29 days late. I asked them to amend my due date, based on my pay period but they said NO. So I explained my situation to them and they just informed me that I'd be paying the payment plus the late fee every month. Sucks, but until it reaches 30 plus days (in MY experience- don't know about others) they dont bother you. Also, if it is a bill that reports on the CR until it reaches 30 days late, it is never reported (also in MY experience). So even though it's late, it's not late enough to be reported on the CR.

              You should be fine.
              Filed BK on 3/27/09
              341 Meeting 4/29/09
              Discharged and closed 6/30/09!!!!!!

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                #8
                I'm in the same boat too. Some lenders are not reporting anything past 31 days to the CR. (so I have been told) I have not been late past 30 days. Unfortunately this month has 31 days in it and that's when I will be getting paid. I will be late 31 days for the first time this month.

                My question is...Up until BK, we had been paying our mortgage via phone or online. It is my understanding that during active BK they will not allow you to pay via phone or online. Is this correct and what is the best way to make the payment? Should I go ahead and mail it in on the 30th?
                6/30/2009 Filed Ch. 7
                10/06/2009 Discharged
                01/24/2011 Closed

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                  #9
                  Thanks for all the advice...

                  I will call them and see how it goes.

                  FYI, I have paid on line always - before BK, during BK and after BK. They've never discontinued my access or given me any indication that I can't pay that way.

                  S.

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                    #10
                    Originally posted by hamburgervol View Post
                    I'm in the same boat too. Some lenders are not reporting anything past 31 days to the CR. (so I have been told) I have not been late past 30 days. Unfortunately this month has 31 days in it and that's when I will be getting paid. I will be late 31 days for the first time this month.

                    My question is...Up until BK, we had been paying our mortgage via phone or online. It is my understanding that during active BK they will not allow you to pay via phone or online. Is this correct and what is the best way to make the payment? Should I go ahead and mail it in on the 30th?
                    Does your bank offer on-line bill pay?
                    Filed Ch 7 - 07/10/08
                    341 Meeting - 08/13/08
                    DISCHARGED! - 10/15/08
                    CLOSED - 10/20/08

                    Comment


                      #11
                      I have my Wells Fargo payment taken out of my bank each month on the 15th ( the day before it considered late). Although I don't have to worry about my payments because I can make them, I used to have overdraft protection at my bank and the house payment was covered.. I just had to pay the overdraft fee.. Something to consider if your struggling right now. This saved my butt having overdraft protection. I always figured I need a place to live.. that is why I set up auto deduction. The funny thing is.. I filed bankruptcy but have never once been late for my house payment. lol

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                        #12
                        Wells Fargo.. continued to auto deduct my house payment through out my bankruptcy.. I had wells Fargo for my auto loan and had to call to make payments.. They shut off my online ability to pay after filed for my auto.

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                          #13
                          Originally posted by laurannm View Post
                          Does your bank offer on-line bill pay?
                          Yes, my bank does. Although I have used it rarely and am not very familiar with it. If I were use BillPay, when would I set the payment to be paid, on the 31st when funds are available? Do banks normally send the funds electronically or are they mailed checks via BillPay?
                          6/30/2009 Filed Ch. 7
                          10/06/2009 Discharged
                          01/24/2011 Closed

                          Comment

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