help! mortgage late after file and wanting to keep house

[ss88]

Ok, I didn't find this forum before I filed. I recently started reading it and I just realized what a big mistake I've made!

I filed Chapter 7 6/19. I had my 341 in July, I just checked pacer and the trustee filed no asset case day after 341. I am reaffirming house/2nd mort but not signing papers. I WANT to keep my home very bad...and have been making payments (1st and 2nd mort) but I had no idea they could be late at all after I filed, until reading here.

Tomorrow I am going to call both mortgages (they were closed tonight), I am in day 83 awaiting discharge. I will be able to make all my payments by Wednesday this week but not sooner (I have August and Sept for 1st and my Sept mort for my 2nd due...both were due on the 1st).

Do you think they will allow this or what? I am freaking out!!!

Thank you.

[killinstinct]

You're reaffirming but not signing papers? Not sure what you mean. Do you mean you're trying a 'ride through' (keep paying but not an official reaffirmation agreement?)

[AngelinaCatHub]

You're reaffirming but not signing papers? Not sure what you mean. Do you mean you're trying a 'ride through' (keep paying but not an official reaffirmation agreement?)

"K" I believe what you read is also what I understand. I believe the OP now understands that in bk , he MUST keep the payments up to date or, they WILL foreclose with impunity.

So to our host, "SSBB" Monday morning, call who you must and by Wednesday deliver (in person if you can) those payments. Keep them 'friends' if you can and tell them that things will get better, as they surely will. TRUST ME, I knew that they will.

Wish you the best, and keep us informed. 'Hub

[killinstinct]

Yes...let us know. In Ch7 you have to keep current. ALTHOUGH, I think the last thing the banks want is another worthless property. If the house is important to you at all though, don't screw around with this.

[Chowder]

Well I'm sure confused. OP say's they're making the payments, but worried?

My understanding is once discharged, you can't be late. OP is not yet discharged.

[AngelinaCatHub]

Well I'm sure confused. OP say's they're making the payments, but worried?

My understanding is once discharged, you can't be late. OP is not yet discharged.

OH, NO, they must be current even through the bk. If they were to reaffirm then that is even more so. I personally advise not to reaffirm as in our Country at this time, things could bo worse. Then if all else fails, they have a way out.

they need to bring this up to date above all other things (within reason). 'Hub

[ss88]

Thank you for the replies... I am worried now, very worried. I just didn't realize I had to pay them all ON TIME during the process, I just thought it had to paid before it was done. I paid the day or two before we filed in June for June payments, then I paid July's in July, then I paid August's 2nd mort but thought I could pay the 1st mort for August and Sept and the 2nd mort Sept payment this month. I just had no idea.

No, I don't want to mess around, I didn't have to sign papers, but my full intent was to stay in the house... I am a young widow, with kids at home and I want to keep our home so very bad.

I will call them tomorrow and let you know what they say... I am a fool.

[Chowder]

I just didn't realize I had to pay them all ON TIME during the process, I just thought it had to paid before it was done.

Well that makes two of us. I am late for this month.

My Attorney was very clear that I had to be current at discharge. This may be yet another one of those district deals.

[justplaintired]

Don't be so hard on yourself, your attorney should have advised you of this. Call in the am and let them know when you will make your payment. Don't wait around. Honestly I don't think they are looking for another house right now. Try not to worry yet, just get current on the mortgage. If you have a good history with the mortgage company you should be fine.

[killinstinct]

Don't be so hard on yourself, your attorney should have advised you of this. Call in the am and let them know when you will make your payment. Don't wait around. Honestly I don't think they are looking for another house right now. Try not to worry yet, just get current on the mortgage. If you have a good history with the mortgage company you should be fine.

Don't beat yourself up. Your attorney should be advising you on this. I'm sure if you can catch up you'll be okay. Just don't get in the habit of falling behind...again, strictly speaking, if you want to keep your house with secured debt in a 7 you must stay current. The current economical climate, however, puts you at an advantage. The banks do not want your home. They want your money.

[ss88]

ok... I will "try" not to freak out, and hear what they say tomorrow. I will make payments by Wednesday and discharge is supposed to happen, officially this weekend or Monday.

My attorney just said to keep making payments, he never mentioned they couldn't be a day late is all. I have a fairly good history, no late payments on 2nd mort and 1 or 2 over a few years 30 day late on 1st. Yes, I hope they just want me to keep the home and keep paying them, I just didn't know what rules they had - and I certainly don't want to go to court again for anything or delay my discharge for this... I want it done by Monday.

Things came up and I paid other needs, I just didn't realize what damage I was doing.

I'll keep you posted.

[killinstinct]

Let us know. Sounds like with your track record you'll be fine though. Don't panic!!!

[Chowder]

.... he never mentioned they couldn't be a day late is all.

Whatever grace period in your mortgage contract should still apply.

[ss88]

thanks "chowder", I should have a 15 day grace period if I get through this discharge ok, good to know... but I WILL confirm that of course to be sure in case I need those extra few days.

[Chowder]

Get a list together so you don't forget anything.

But really, relax. Might be a good time to start drinking.