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Late mortgage fees during a chapter 13

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    Late mortgage fees during a chapter 13

    I have been in a chapter 13 plan for about 2 years. When I called to pay my mortgage recently they told me I am current with my payments however I owe 400 dollars in late fees. I have made a few payments outside of the grace period that I am aware of however some of the late fees were a result of the payment not being processed on the day I called. My deal for a while was to leave a message with a bankruptcy person for the lender and if she was not there she would call back in a day or two with a confirmation number for my payment. Do I risk foreclosure while having outstanding late fees during my plan even though my monthly payments are current? I would hate to have problems now. Should I try to scrape together the $$ or can the late fees be paid after the discharge. I hit a rough patch and had to make a couple of paymts. late however I do not plan on being late again and the bank has made it easier for me to speak to a live person to assure that the payments are posted and I receive a confirmation # the day I call.
    Thanks

    #2
    Discuss this with your lawyer before you do anything. Some mortgage lenders have been caught deliberately posting payments late to generate the very late fees you see. Yours may be legitimate, but don't pay these late fees unless your lawyer gives you the ok first.

    Do your very best to make all your mortgage payments before the actual loan due date if you can. Don't depend on the grace period as a safety net - some lenders use receiving payment after the actual due date but before the grace period ends as an excuse to charge late fees as well. Lenders (especially in this bad real estate market) will turn to all kinds of creative financing techniques to increase what you owe and still be within the law.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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