?? about monthly mortgage statements after filing.

[sunshine mary]

I haven't received any 2nd mortgage statements/pay coupon since we filed (3/28) any one else experienced this?? It's just now due and I've been waiting for a statement. Also my 1st mortgage due 5/1 hasn't come either...what is going on?

[pd1373]

Sending statements can be construed as a violation of the automatic stay, so everyone will stop sending you statements. If you intend to reaffirm your mortgages and keep your house, just make a copy of a previous bill and send it along with your check.

I have Citimortgage. What they did was send me a statement with a whole mess of legalese to tell me that it was not a statement, was not a demand for payment and was for reference only. I thought that was rather amusing.

[HHM]

You need to mail the payments directly. Most mortgage companies stop sending paper statements once you file BK. Also, most mortgage companies will switch off your online access to your account as well.

You better get those checks in the mail ASAP. Break out a previous statement to get your account number and payment address. (assuming, of course, you intention is to keep the house).

[sunshine mary]

OK thank you I wasn't expecting this. Oh and is it only until the stay is lifted??

[HHM]

Oh, if you are letting the house go, then don't bother. You don't need to send any payment.

Note, if you do a ride-through, (i.e. you do not reaffirm the mortgages but keeping making payments), the banks will still NOT send you paper statements after discharge.

[laurannm]

pd1373, I didn't want to hijack this thread so I sent you a private message. I had a question about Citimortgage

Thanks

[mgmadara]

Note, if you do a ride-through, (i.e. you do not reaffirm the mortgages but keeping making payments), the banks will still NOT send you paper statements after discharge.

I think this depends on the bank. Our mortgage is with a local bank, not a national one, and we are doing a ride through. We never get paper statements as our mortgage is automatically deducted from our checking account. When we filed this stopped with no notice, but we were aware that it was going to happen and kept making the payments. After we were discharged they resumed automatic withdrawals, also without notice. They also never stopped reporting to the Credit Reporting Agencies. I guess we are in the minority

[krielly]

I had that problem when we filed our 13 as well. The mortgage company intially refused to send me a statement. Eventually, I spoke to enough people, and got the right one, because they agreed to send me a statement each month which says "for informational purposes only". I think that this was doable all along, but required that some type of "flag" be placed on my account, so a statement would be generated. I think prior to me finding the right person, the others I had spoken with didn't want to be bothered.

Since that time our state passed a law, about 1 year or so ago, which actually requires lenders to send statments for secured debt, and at the same time affords them the protection that doing so does NOT constitute a violation of the relief from stay. Good law!!!!!!!!!!!!

K

[imbroke2]

We still get a monthly statement that specifically says "THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. THIS STATEMENT IS BEING SENT FOR INFORMATIONAL PURPOSES ONLY. We ascknowledge your bk filing. Unless otherwise instructed by the bk court, you should continue to make the payments required...to the address listed on the attached coupon.
So I just use the coupon to make my payments. I don't see it as any kind of violation since they are acknowledging our bk. I think it just depends on the bank/mortgage company.

[Teddy]

What was the question about CitiMortgage? I have them too. I have not gotten my statement since I filed and I'm not planning on reaffirming.

[laurannm]

I was just curious how Citimortgage handled statements, etc. on non-reaffirmed mortgages. Also curious if they will start sending "informational only" statements once you are discharged

[sunshine mary]

Well I got a payment coupon today for the first mortgage ( wells fargo ) It does say for informational purposes only on it lol. The second mortgage no payment coupon but we can still look at it online but have to call to make payment. Thank you all for the response I hadn't thought about it since our plan is to reaffirm or not reaffirm and just keep making payments.

[Teddy]

I'm not planning on reaffirming my CitiMortgage - my 341 was yesterday and my attorney didn't even have one from them yet. I'm going to continue to pay though.

[One Half Full]

what are the pros and cons of not-reaffirming anyway? From what I understand, If you don't reaffirm, you can forclose any time without having to pay any "remainder," so you literally can just pack up and leave if you want to get out. If you reaffirm, they can sue you? or change the wording of your contract? I'm not sure.

[krielly]

If you re-affirm a debt that's been discharged, you are agreeing to be liabile for the debt again - and no longer have the protection of the discharge.