My 341 meeting is tomorrow and I was just looking over some things. On the notices it explains how the creditors need to file their claims, secured, unsecured, etc. On the secured it states you can only file a secured claim up to the value of the property. I am surrendering 2 condos and 1 mtg company has filed a claim for the total loan amount and then some (late fees). My question is, I have always been concerned with the mortgage company filing a defincency claim once the property is foreclosed, but if they file a claim for the full amount of the loan, isn't the mortgage company upfront acknowledging the value of the property therefore making it more difficult to come for a definency balance?
My other question is, my atty signed the order to lift the stay with the other mortgage company, but they haven't even filed any secured claims yet. They have on everything else I have with them (its a credit union). I was just wondering if they should have filed a claim beforethe lift of stay was granted or does it really matter.
As always, I really appreciate all your inputs.
My other question is, my atty signed the order to lift the stay with the other mortgage company, but they haven't even filed any secured claims yet. They have on everything else I have with them (its a credit union). I was just wondering if they should have filed a claim beforethe lift of stay was granted or does it really matter.
As always, I really appreciate all your inputs.

Comment