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Chapter 13 and mortgage escrow

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    Chapter 13 and mortgage escrow

    I am getting ready to file chapter 13 and I am not getting clear answers on my case.

    Here is what is going, I am behind on my mortgage several months and to save my house im going to file chapter 13 and pay off what I owe over a couple years. But a couple months ago my bank did an escrow analysis and because I wasn't paying they cranked up my mortgage payment 800 bucks a months because obviously I have a shortage duh im not paying.

    When I pull the trigger and file, will my payment go back to where it was before all of this happened? I understand I have a shortage because I havent been paying, but with that payment I would be paying them back twice with my BK payments.

    Will the BK reset the escrow account?

    #2
    Others here can give you an official answer, but I can tell you what just happened to me. My mortgage was up to date when I filed, so I didn't think there was an issue. I forgot that the mortgage company had told me about a shortage in escrow and increased my payment like they did with you. When the mortgage company filed their proof of claim, they claimed an arrears was due in my mortgage for the shortage of escrow. It then became part of my Chapter 13 as a secured claim. I'm assuming this would drop my payment back down, but I just yesterday saw the trustee pay it, so I'm not sure yet. So for you, I assume the claim they submit for arrears will just be what you are behind on your payments plus the escrow shortage.

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      #3
      Yeah if it takes care of the shortage I will be in good shape, if im paying double then things will be interesting.

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