busbis
03-19-2008, 02:12 PM
I'm in a 13, and current on my home. Is it the norm for the mortgage company to file a secured claim. They actually state there is an arrearage of $229 which is the amount of my escrow paymetn, but I have over $1400 in my escrow and nothing to disburse until 12/08. I have the last statement that I just received in the mail a few days ago and it shows no arrearage.
Why would they file a claim anyway being that I pay this outside the plan?
Ok, in another post you are asking about how you know if claims are filed in a case if you don't have PACER or datacenter, yet, here you are asking about a claim filed in your case :D
wayne-o
03-19-2008, 03:12 PM
You had to list your mortgage on your 13 as a debt. You are paying outside the plan, but they arent allowed to contact you regarding payments etc. etc. They are just covering their bases. Dont be surprised if you lose online access to your account as well.
busbis
03-19-2008, 03:29 PM
Ok, in another post you are asking about how you know if claims are filed in a case if you don't have PACER or datacenter, yet, here you are asking about a claim filed in your case :D
I know. I was just curious as to how people do find out. I find myself going to Pacer everyday since my file date to see what has been going on. My atty hasn't been that helpful. I was curious is there a cheaper way.
mcdulph
03-19-2008, 06:38 PM
Hi, I had the same question a month or so ago--knew we were completely current on mortgage, what is this "$300 in arrears" Bulloney??
Turns out that among that mountain of papers you sign when buying a house is an agreement that if you file a BK they can bill you for their related legal fees. I'm just glad it's $300 and not $3000!
Flamingo
03-19-2008, 06:43 PM
When you filed Bk, you had to list your mortgagor as a creditor in your filing. Since you have filed BK but are paying your mortgagor outside of your Plan, your mortgage still falls under being in BK. Your mortgagor now has you in its bankruptcy section. Usually the address for your payments will change and you should call them and ensure you are sending your payments to the correct address so they will not be late. You can also question them on the arrearage and escrow issue to get the full explanation you need.
SANRA308
03-20-2008, 07:28 AM
my mortgage filled a claim for the amount currently owed, even though we are outside the paln no arreas never late, attorney stated thats normal just covering bases. We were also charged 300 for attorney fees but that was not listed, I found out when I went to make paymnet, once I figured out how I could make a paymnet. I had to pay it with my payment. Nothing like stomping a person thats already down.