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Lift of Automatic Stay for Mortgage Company

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    Lift of Automatic Stay for Mortgage Company

    How long before the mortgage company can start sending our montly statements? To me, not getting the bills that I want and need to pay is causing a little stress. Citifinancial is still sending one (they own the second mortgage), but the primary lender is not. I know Citi is violating the automatic stay, but in this case, I will not complain.
    Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
    Plan Confirmation 6/16/06 :yahoo:
    Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

    #2
    If they are under the stay just pay your bill online or by phone. In my case Chase sent Statements unless I am mistaken. If the stay is lifted it means they want to foreclose. If the stay is in effect then you are ok. Are you saying that your BK is discharged? You may still be dealing with the BK Office in that case and need to call that unit and fax them the discharge. I had Chase and Irwin Home Equity and was dealing with their BK Offices for an additional three months after discharge. Irwin is BY FAR a more organized Mortgage Company from the viewpoint of a BK'er.

    Thinking on it, Chase sent something but not requesting payment. Keep your dates in mind and call the BK Office and make payments. it is great that you have kept your home, I wish you the best.
    Last edited by robivi3; 04-30-2006, 04:30 PM.
    "You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers

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      #3
      Yes, it is good to have a place to call home. No, my BK isn't discharged. I'm under a chapter 13 and haven't even had the 341 meeting. Does this mean that for the next 5 years they will not send me a bill? Thanks,
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

      Comment


        #4
        Originally posted by aa06a47
        Yes, it is good to have a place to call home. No, my BK isn't discharged. I'm under a chapter 13 and haven't even had the 341 meeting. Does this mean that for the next 5 years they will not send me a bill? Thanks,

        my mortgage is with WaMu. Every month they send me a statement. Under payment due and due date it is blank. There is a box on the statement that says"If you are in bk, or have been discharged, this letter is for informational purposes only and is not intended as an attempt to collect debt from you" I just fill in the amount of my payment and send it in.
        Once we filed, this is how the statement started coming.
        You will be relieved I am sure, to learn that it is perfectly legal for them to increase your payment every year
        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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          #5
          Same here as arkie nurse. Wells Fargo sent a statement every month just with a disclaimer that it was for informational purposes only. The second mortgage didnt send anything, I just continued to pay anyway.

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            #6
            I am wondering if they notify you when the escrow increases? Yes, my payment tends to go up each year 20-50 per month due to tax increases, insurance premium increases, etc.
            Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
            Plan Confirmation 6/16/06 :yahoo:
            Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

            Comment


              #7
              Originally posted by aa06a47
              I am wondering if they notify you when the escrow increases? Yes, my payment tends to go up each year 20-50 per month due to tax increases, insurance premium increases, etc.
              They should. I got a statement last may that showed what my new payment would be, due to increase in escrow amount. Expect one any day now to see what my new payment will be.
              Stupid thing is, they usually send me an escrow refund check for overpaying. Then the new payment will be almost exactly the amount of the refund. I try to send it back to them to apply to the principal. I don't expect one this year, as we had major issues with homeowners insurance( as in finding someone willing to insure us in BK, and another one wanted us to replace the roofs on the ramshackle buildings that just happened to be on the property when we built it as well as paint our asbestos siding where it is peeling). We finally had to go with the horrible offer from the mortgage company, and it increased a good bit over what we were paying.
              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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                #8
                Yes my mortgage company sends a statement every year showing the amount that its gone up. I believe thats a legal requirement. Taxes here go up every year so thats the main reason mine has increased.

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