Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Mortgage Payments

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  • Mortgage Payments

    Hi! Thanks for any help you can provide. I am in California. My attorney filed a chapt 13 last Friday. I am filing, my husband is not. None of the debt I filed on was in his name. So we decided to keep him out of it. We have a home + rental property. Both homes are going to be paid outside of the bk plan which will be 100% payback as far as my understanding.

    My question is both mortgage companies have removed my online access to pay. I didn't realize they would be doing this. They are not late as I was paying May's payment. We did overnight them and they should be there before the 1st. They will be 2 weeks late though. Will this be a problem? I can't reach my attorney to ask him.

    Which brings me to my 2nd question. My attorney takes forever to return my messages. He is highly rated for our area. What happens after I file. What is the next step?

  • #2
    I am not a community-property expert as I live in an equitable distribution (ED) State. I do know and have read some nightmare situations with married individuals filing individually when there was joint debt created by the marriage (all property and debt acquired during the marriage is likely community property and debt). I'll leave it to someone else on the strategy. (The strategy seems that most people that live in community-property States are trying to protect one spouses credit.)

    (I hope you meant that you were paying the June payment and not the payment for May as that would be late.)

    As for your mortgage payments, if your attorney told you that you must pay your Mortgage company directly, then that is what you should do and do so on time (no late payments). You will no longer have online access to pay your creditor. They'll accept your payment by mail because you're in a Chapter 13. Always pay on time so that you don't generate post-petition fees which can become problematic at the end of your Plan.

    If you just filed last Friday then this is a relatively new case. With the holiday weekend, people were probably out and traveling. I would make sure I paid so that my mortgage payments are on-time. While you may have the typical grace period (10 days), please do not rely on that (I don't think you are, but I like to repeat myself).

    Next step will be your 341 Meeting to appear before the Trustee (and any creditors that choose to attend) to give a statement under oath. This is usually nothing and especially since you're in a 100% Plan there are not going to be any issues. Next would be confirmation and then you just keep paying until your plan ends. That's it!
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • #3
      It was for May. I guess we will lose our properties now? I went in to pay May's payment late. I always pay before the 15th of the month. When I logged in I had no access. I had no idea it was because of the BK filing. I waited and then honestly just forgot as I have had so much on my mind. I went in last week and saw that my access was removed because of the BK. I then hurried out an overnight check payment to both mortgage companies. So it was technically 2 weeks late. I will definitely call my attorney in the morning. The problem was it was a holiday weekend so I couldn't talk to anyone. I am really worried.

      As far as my husband not filing. We are mostly filing because of 1 loan I took out on my own to a company call Kabbage. I alone owe them more than 80k. I was forced to throw what little CC debt I had in. My husband has 2 CCs and they were paid off. So we saw no reason to put him in this. This loan to Kabbage was given to me as a small business loan but had a personal guarantee. This and only this was the reason for my filing. My husband's name is no where on that loan as this was for my business only.


      • #4
        It will not be a problem at this time.

        So no, you won't lose them. You do need to keep the payments on-time or the creditor "may" complain. If the creditor complains then they may seek permission from the court to proceed with other remedies.

        A Chapter 13 has so many ways to fix issues, such as this, that you don't need to panic. There may come a time that you need to modify
        your Plan and include "post-petition" arrears (missed payments). This is something that is allowed and falling behind can be rectified by modifying the confirmed plan.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          Thank you for your reply and your help Justbroke. I really appreciate it. I spoke with both mortgage companies today. Nationstar says the late payment will not be a problem. Just have to pay the late fees. However the other company said they would just apply the late payment to June and put May's payment in my plan. Which I don't like. I have the money and want to pay it. My attorney said this is typical after a BK is filed ad they don't want to violate the stay by contacting me. So just to go with it and that I would not lose either house.


          • #6
            One way to pay your mortgage payment is to use your bill pay on your bank checking . We did this and the mortgage co all ways accepted the ACH payment.

            Stay on top of them, make sure they do it right. We had a rolling 30 day late and never knew about it till 3 years later. all because they made a mistake.

            Call ever month if you have too.


            • #7
              Thank you Mavric. I definitely will be calling every month. Thank you for the advice on the online bill pay. I actually set that up for today. I do not intend to be late every again. There is significant equity in both houses (reason for my 100% pay back) and I do not want to lose them.


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