okay guys got a mortgage question for you.as you all know i had my 341 on friday.both my first and second mortgage are due the first of the month.i paid the first one already but i really wont have enough to pay the second untill the 20th of this month.it will be 5 days late after the grace period.i filed chapter 7 and have not reaffirmed anything yet although i do plan on it soon.what could possibly happen if i pay this second mortage late?
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I can't remember, Saucey - did you reaffirm either or both of your mortgages?Originally posted by saucey View Postokay guys got a mortgage question for you.as you all know i had my 341 on friday.both my first and second mortgage are due the first of the month.i paid the first one already but i really wont have enough to pay the second untill the 20th of this month.it will be 5 days late after the grace period.i filed chapter 7 and have not reaffirmed anything yet although i do plan on it soon.what could possibly happen if i pay this second mortage late?I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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Saucey. We haven't been able to pay our house payment on the 1st for about a year. There have been a couple of times it was even late. We always called the mortgage company and set up a postdated payment so that they knew our intentions were to pay. THey have always accepted these payments, with late fees, late or not, BK or not. Maybe yours will do the same.Filed: 08/09/06
341: 09/18/06
Discharged: 11/22/06
Closed 11/30/06
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we did not reaffirm yet but we are going to.my lawyer has contacted our first mortage m&t and has the papers started.our second mortage ditech told our lawyer that they wont reaffirm untill we our up to date.(we payed september but not october yet)Originally posted by lrprn View PostI can't remember, Saucey - did you reaffirm either or both of your mortgages?
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Well, since the loan isn't reaffirmed yet, you may be fine with the late payment or you may not be....all depends on how your second mortgage holder Ditech feels about late payments during bankruptcy on a non-reaffirmed loan. I would ask your lawyer if it's ok to contact Ditech directly to explain the payment will be late but only by five days. Depending on the loan fine print, missing a payment under these circumstance might open you up to foreclosure proceedings. Better safe than sorry.Originally posted by saucey View Postwe did not reaffirm yet but we are going to.my lawyer has contacted our first mortage m&t and has the papers started.our second mortage ditech told our lawyer that they wont reaffirm untill we our up to date.(we payed september but not october yet)I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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Don't take anything for granted with any loans that are not reaffirmed. Personally, I wouldn't even go into the grace period, but that's just my own paranoia there.
If this was a car, I'd be worried the repo man could be lurking around any corner. Fortunately, getting a house back is much more complicated. And generally the Lender gives you an opportunity to Cure,.......... Bring the loan current before they proceed with Foreclosure.
See if you can call the BK Dept and explain what's going on. Tell them the payment is coming, it'll just be a few days late.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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can they really foreclose just because im a few days late?my husband is on the mortgage and he did not file.would that help me at all?i did call ditech today and the guy was giving me a hard time saying he really wasnt allowed to tell me anything.after this one time we will be all caught up.
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Originally posted by saucey View Postcan they really foreclose just because im a few days late?.
They won't forclose or go anywhere near forclosure proceedings until you hit that 30 day mark. Most wait about 60-90 days late before they even start threatning. As long as you pay their late fee and make sure you are not past 30 days, i really think you will be fine.Filed: 08/09/06
341: 09/18/06
Discharged: 11/22/06
Closed 11/30/06
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