House Payment

[Getting By]

We got behind on our house payment for the month of December. I called the lender (Wells Fargo) and told them we would make our December payment Jan. 11 and our Jan. payment Jan. 25. The lady was very nice but told me to have my attorney call their attorney to keep them informed. Do you think they will start the foreclosure process? I was so embarrassed to call our attorney, but I did. By the end of January we will be all caught up.

Thanks...

[krielly]

I assume that you are in a Chapter 13, considering you posted in the 13 forum? If so, Wells Fargo probably is trying not to violate the law by speaking with you about your debt, and that's why they want you to have your attorney speak with theirs........
That's my guess.

[Getting By]

Yes..we are in a 13. She did say that she documented eveything so they know that I was keeping in contact with them. I have made every payment on time since we filed back in June but with Christmas and not having any credit cards to use it was tough..but the bright outlook for us is we paid CASH for everything. We owe nothing for Christmas

[Flamingo]

We got behind on our house payment for the month of December. I called the lender (Wells Fargo) and told them we would make our December payment Jan. 11 and our Jan. payment Jan. 25. The lady was very nice but told me to have my attorney call their attorney to keep them informed. Do you think they will start the foreclosure process? I was so embarrassed to call our attorney, but I did. By the end of January we will be all caught up.

Thanks...

Make sure you let your attorney know this. Foreclosure proceedings usually start when you are 3 payments late (you will get letters/calls prior to receiving the notice). However, having one late payment works against you for future credit. If you feel you will have difficulty making future mortgage payments and making them on time, I would certainly discuss that with your attorney.

[Getting By]

Thanks for the info...I know it is a terrible excuse but Christmas was the reason we got behind. Is it still 3 months (behind) when you are in a 13? Gosh..I hope so. I have been losing sleep over this..like I said we will be paying Dec. payment on Jan. 11 and Jan. payment Jan. 25.

[lrprn]

Is it still 3 months (behind) when you are in a 13? Gosh..I hope so.

I hate to burst the bubble here, but your mortgage lender has the right to start foreclosure proceedings after one missed payment when you are in Ch 13. Perhaps three months in arrears is the accepted practice in Flamingo's local court, but it's not the practice everywhere.

Before you have a panic attack, keep in mind that it doesn't mean your lender will foreclose, especially in this bad housing market. Just don't be lulled by the thought it's ok to miss a payment on an asset you want to keep while you are in Ch 13 - it's always a risk to do so.

Speak to your lawyer immediately and let him/her know what's going on.

[isitreal]

You should also be thinking about your February payment already. When you say you are paying the January payment on the 25th, does that mean you wont make the scheduled payment for February on the 1st (I assume that's when it is due)?

Either way, you have done the right thing. ALWAYS keep them informed. Just by staying in contact and being available is a start.

[Ortgeist]

I am in the same boat as you with Wells Fargo and everything-xmas included. just wanted to say "Hi".

[Getting By]

Ort..

Did you talk to Wells Fargo? How long have in been in your plan?

[HeatherB]

I would think that they didn't want to violate the plan. They are not allowed to "collect" from you or contact you during your bankruptcy. Do everything thru your lawyer (that's what you paid him/her for). They will get in contact with the other lawyer and work out some sort of plan/agreement.

I highly doubt they are going to try to forclose on you so soon, but anything is possible. Don't fret yet. Least not until you talk with your attorney.

[Flamingo]

I would think that they didn't want to violate the plan. They are not allowed to "collect" from you or contact you during your bankruptcy. Do everything thru your lawyer (that's what you paid him/her for). They will get in contact with the other lawyer and work out some sort of plan/agreement.

I highly doubt they are going to try to forclose on you so soon, but anything is possible. Don't fret yet. Least not until you talk with your attorney.

To the OP - Foreclosure notices usually don't come after one late payment; the more payments you miss without contacting them about your situation, the worse it gets. Foreclosures do not happen overnight and when the Notice does come, there are usually at least two or three late payments and lack of attempts to resolve the situation between the parties. Banks don't like to file foreclosures because it is extremely expensive for them to do so. They always try to work things out unless the home owner ignores the situation or just cannot pay. It is never good to have a late mortgage payment. It is never good period to have a late payment of any kind during a Chapter 13. Hopefully you will get this straightened out and after going through a 13 ourselves, make it a point to try to be on time with all payments of any kind so you don't have to have this worry again. It's hard during the holidays but I would certainly explain to the people you usually give gifts to that when times are better for you, you will take care of them then. They will understand.

[Minnymouth]

I would talk to my attorney and let him know that my payment is going to be late, when you can make it, and let him handle it....

I am assuming that your mortgage payment is part of your Chapter 13 payment plan????

I WOULD NOT BROADCAST to the mortgage company or Trustee that I USED my chapter 13 payment to them to DO CHRISTMAS SHOPPING............... things like this could result in dismissal if you have a Trustee thats a A@@@@....

Think folks, your under Court Order to pay the Trustee.....he has control of your finances..... give him what he wants and you won't have a problem.............. He catches you deliberately using money for something else that he has NOT APPROVED..... he can dismiss your case............

Besides, I don't think Trustees believe in Santa Claus................!!!

Be more careful............

[Getting By]

I knew I should have not posted anything...You get on these forums for advice... not to be shot down and make yourself look stupid.

I know Christmas is not an excuse...I DO KNOW THAT..I am not an idoit.

[wayne-o]

I dont think Minny was trying to shoot you down, so please dont take her advice the wrong way. Chapter 13 is a slippery slope and we dont want to see you fall. I don't know you so I dont fault you for how you spend your money, I do think its a shame that Christmas has become so commercial that we feel pressured to make bad decisions.

I spent christmas in mexico with a friend and on Christmas Eve, his family (parents, aunts, uncles, brothers, sisters cousins) etc all got together for a good meal and beer and tequila, it was mexico after all, Not a single gift was exchanged between anyone, but ranks as one of my best christmas' ever.