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Can anyone answer this for me (HHM I would love your comment)

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    Can anyone answer this for me (HHM I would love your comment)

    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.
    Last edited by busbis; 01-07-2008, 03:53 PM. Reason: added sent

    #2
    Don't know if this will help or not, but we owed way more on our van than what it was worth. Finance company filed a claim for the entire amount. It was split into 2 claims, one secured for the amount the vehicle was worth at the time, the other unsecured for the upside down portion. The secured claim was paid in full, then the unsecured portion was paid the same percent the credit cars were paid.
    Is this what you were asking about, only a mortgage instead of vehicle loan???
    Chapter 13 filed -8/12/04
    Plan approved- 7/11/05
    Date discharged--10-12-2007
    Date closed- 12/6/2007:yes2::yes2:

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