In process of discharge and Mortgage

[Jamkjp2006]

We are in the process of discharge right now. We are to resume our mortgage payments on 11.01.2025 but our mortgage company is blocking payments. Doesn’t want to talk to us because we don’t have a discharge yet. I was told to mail a check certified to prove we’ve sent them one but my mortgage company said if we make a payment they cant guarantee it will go toward our monthly payment, she actually said “we can’t tell you where we would apply any funds received.” Anyone have issues with making your first mortgage payment during discharge. We own 2 homes and are only having this issue with one of our mortgage companies. Our lawyer thinks they are doing this on purpose to try to cause a forced default because we have so much equity in our home. Any advice or experience would be appreciated!

[despritfreya]

Sorry, but the lender is not trying "to cause a forced default", unless this is a hard money lender. Institutional lenders simply do not have the "smarts" to think that way.

The account representative you are talking to probably has no clue. Did you talk to someone in the lender's bk department?

If you were my client, I, as your attorney, would check to see if the lender had an attorney put in a Notice of Appearance in the bk. If it did, I would reach out to the lender's attorney for clarification. Ask your attorney to see if someone put in a NOA and go from there.

Des.

[Jamkjp2006]

The mortgage representatives we talk to will not transfer to any other departments because we’re still technically in the bankruptcy. We have tried numerous times and they tell us we’re sorry we can’t give anymore information or go further without your attorney. Our attorney said he’s going to call the law firm that signed our motion to cure and see if they can do anything to correct it. He has even tried to call the mortgage company too and they told him they can’t speak to him without us. It’s been circles. We tried to do a conference call but the wait time was too long and our attorney has a huge case load so wouldn’t wait. We’re at a loss. We’re just trying to stay current on payments and stay on the right track. They also have held our final trustee payment to them (paid 09.01.25) and I called just to request that they cash it because that’s all we’re waiting on and they wouldn’t even talk to us about that. They have never throughout our 73 month bankruptcy held a check until this final one.

[Carmella]

The mortgage representatives we talk to will not transfer to any other departments because we’re still technically in the bankruptcy. We have tried numerous times and they tell us we’re sorry we can’t give anymore information or go further without your attorney. Our attorney said he’s going to call the law firm that signed our motion to cure and see if they can do anything to correct it. He has even tried to call the mortgage company too and they told him they can’t speak to him without us. It’s been circles. We tried to do a conference call but the wait time was too long and our attorney has a huge case load so wouldn’t wait. We’re at a loss. We’re just trying to stay current on payments and stay on the right track. They also have held our final trustee payment to them (paid 09.01.25) and I called just to request that they cash it because that’s all we’re waiting on and they wouldn’t even talk to us about that. They have never throughout our 73 month bankruptcy held a check until this final one.

I am not sure what it was called but with our car payment the bank who held the loan would not tell us the pay off value since we were in BK. I was able to pay on it, but when the pay off needed to be made they had to get permission from our attorney to talk to us.

Could your scenario have something like this?

We paid our mortgage and car loans "outside the plan," but it was part of our plan included in BK. The bank that held our mortgage did have a BK department and they were the only ones who would talk to us.