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    Not sure

    I've only been on here a few times. I thought I'd get the answers I'm looking for here, since I can't get them from my attorney. Anyways, my case was just filed today. I got a letter saying I need to pay my mortgage, 2nd mortgage and a trustee payment. What I didn't get was an exact date. For example, I talked to the attorney the other day and he told me I would have approx. 30 days to send these payments. Then he's telling me that he knows I won't be able to make my first new payments by the 1st of Dec. I don't know what to do. I guess I'm going to call the bank myself. One reason is because the bank never adjusted my payment for escrow or property taxes for the last two years, which is why I'm in this perdicament. My mortagage was 1159.00mo. now it's supposed to go up to 1593.00mo. I don't think so. I called the bank awhile ago and they agreed to 1442.00mo. better but mot much.

    The lawyer told me to pay the original payment, but that doesn't make sense to me. Sorry for going on and on. Any help in this matter would be greatly appreciated. Thanks again.

    #2
    It will be hard to answer your question without more info.

    But as for timing, you should make your mortgage payments as you normally would, at the time they are normally due (within the grace period). Do not make a late payment.

    As for the trustee payment, You must make the first payment within 30 days from the date you filed your BK. (Section 1326(a)(1) of the BK code).

    As for how much to pay your mortgage, that is between you and your bank.

    Comment


      #3
      Try calling your Lender and ask for the number for the BK Dept.

      Now that you've filed Ch 13, regular Customer Service reps can no longer deal with you.

      Most mortgage Lenders have a Dept of specially trained personnel dedicated to dealing with people who've filed BK. Those Reps know what they can and cannot say to you, what they can and cannot do with your acct now that you're under the protection of the automatic stay.

      Maybe you'll get an accurate answer to your escrow questions from the BK Dept of your mortgage Lender.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Here's a thought......

        Originally posted by spazzman View Post
        The lawyer told me to pay the original payment, but that doesn't make sense to me. Sorry for going on and on. Any help in this matter would be greatly appreciated. Thanks again.
        I'm no Ch.13 expert, but this is just a thought.......it is possible that your attorney said to make the original payment is because the arrears of the esrow account may be added to your Ch.13 payment?

        I would take SinkingFast's advice about contacting the BK department of the lender and find out what you need to do. I would also contact your attorney as well.
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment

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