In A Chapter 7 Bank Is Trying To Force

[booboo]

A escrow account on my property taxes. I am 1 year behind, which they just sent me notice that they had paid. I had planned to pay these up in March 2010 when I can withdraw out of my 401K without penalty and my BK will have been discharged.

Question is this: While in my chapter 7 can the Bank force this? They did not file for a relief of stay and my BK has not been discharged yet. They want to raise (gotten notice) that on 12-01-09 it will go up $700 a month..ouch. This will pay up their recent payment for tax years 2008-2009 and the one they plan to pay on 11-15-09 for the 2009-2010 years.

Need some advise please (quick)

BooBoo

[AngelinaCatHub]

This depends upon your original agreement in the mortgage. They have a right to protect the property and many companies escrow taxes and insurance. I had one house in IL that did this. In FL we never had to and paid our tax ourselves. There may be a clause that states in the event, etc, etc, they can do this. Read your mortgage real slow. All the paperwork you originally signed. Have you reaffirmed or are you intending to pay through? 'Hub

[booboo]

I did not reaffirm, just a ride thru. I understand that they my be able to do this, but can they do this while our BK has not been discharged yet?

BooBoo

[miozelous]

They did to us after we signed reaffirmation and before discharge. My mortgage tripled because they wanted last years and this years taxes all to be paid by December. I am selling my house. They can get their money when we close in November.