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Keeping home in chapter 7 and mortgage refusing payment

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    Keeping home in chapter 7 and mortgage refusing payment

    Due to a change in my family financial situation, I was no longer able to sustain my financial liabilities.

    I filed Ch7. I was 30 now, 60 resulting from them not taking my payment, days behind on mortgage at time of filing. I am surrendering a $1000 car payment that has allowed me to afford my mortgage. I can now pay all the past due mortgage payments but BOK will not accept them. I am referred to their attorney who is not returning calls. BOK has filed motion for relief.

    Will i I be able to keep my house? Has anyone experienced this? Any advise or experiences welcomed.

    #2
    Hopefully your filed a Response to the Motion stating that you have the funds to bring payments current. If not and the stay has not already been lifted, get one on file NOW.

    Were you trying to pay on-line? If so, send the money the old fashion way - check in the mail. Send it certified, return receipt requested and keep a copy of the actual check you send. I would recommend making the check payable to the lender but mailing it to the lender's attorney with a cover letter.

    You will need to pay all applicable late fees. You may also have to pay the lender's legal fees since you were not current when you filed bk and did not bring payments current before the Motion was filed - but such may be negotiable.

    Des.

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      #3
      Originally posted by Caterpillar View Post
      Due to a change in my family financial situation, I was no longer able to sustain my financial liabilities.

      I filed Ch7. I was 30 now, 60 resulting from them not taking my payment, days behind on mortgage at time of filing. I am surrendering a $1000 car payment that has allowed me to afford my mortgage. I can now pay all the past due mortgage payments but BOK will not accept them. I am referred to their attorney who is not returning calls. BOK has filed motion for relief.

      Will i I be able to keep my house? Has anyone experienced this? Any advise or experiences welcomed.
      I would send them a Qualified Written Request under RESPA and for a life of loan payment and charge history, a key to understanding their codes, and ask them specifically why their refusing payments.

      If they violate RESPA, then they owe YOU but you must have damages. Emotional distress damages work.

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        #4
        womanonfire - Hi again...just a suggestion..you might want to look at the date of the last post before you respond. This one is from 2016; the OP may not be around any longer.
        Filed Chapter 13 - 07/20/12
        Discharged 8/2/16

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