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    Relief of Motion

    It is concerning our house. The mortgage company had two payments that they had not posted yet. I am one payment behind, but it seemed like three to the lawyer for the mortgage company. Talked to the mortgage company and they stated that since I failed bankruptcy the payments get posted differently and that is the problem. They are suppose to contact their lawyer and let them know. What else should I do? Got the notice today, was told to give it five days to straighten itself out. Can they take the house?

    #2
    Originally posted by manybills View Post
    Can they take the house?
    You are behind in your mortgage payments. How many doesn't matter. Your automatic stay is gone. Yes, your mortgage company can take the house. If they actually will do so remains to be seen.

    Are you going to be able to catch up on your mortgage payments in full? If yes, when do you expect that to happen?
    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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      #3
      Wait. She is only behind (late) on one. Surely there is a grace period. In that they, (the bank) can't keep thier own records straight, wouldn't that be a defense? Granted, she needs to pick up on that one payment. and of course, if a pay through MUST be current at all times.

      I think the bank is wrong in this case and grossly premature in their action. They don't want an empty house. They want the payment.

      Only my opinion. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        I will be making February payment Friday the 19th and March payment will be made on the 31st. I talked to mortgage company yesterday to see where I stand, they finally posted the two payments but are only giving me credit for one and they can't tell me why. They are clearly posted to my account but they are stating that payment doesn't count. I was told to give them to Friday to straighten this out.

        Comment


          #5
          Just spent an hour on the phone GMAC mortgage. The lady went thru every payment that I made and is now willing to give me credit for the payment that was missing even though they had the funds. I am now due for Feb and Mar. Again February payment will be made on the 19th of March and March payment on the 31st. So that will make me current and back in good graces...

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            #6
            Originally posted by manybills View Post
            Just spent an hour on the phone GMAC mortgage. The lady went thru every payment that I made and is now willing to give me credit for the payment that was missing even though they had the funds. I am now due for Feb and Mar. Again February payment will be made on the 19th of March and March payment on the 31st. So that will make me current and back in good graces...
            Are your payments due on the 1st? I believe most mortgage payments are.
            If so, you will be late again come April 2nd. Even if you have a grace period before they add a late fee you are still considered in default and they can opt to foreclose. I am not saying they will, just that they can.
            Filed CH13 - 06/2009
            Confirmed - 01/2010

            Comment


              #7
              Yes, you are about to get into trouble because banks hold payments in "suspense" until all payments are caught up. In other words, since you're two months behind, if you go to pay April, you will need 3 payments at once, to be current. That's just the way it works.

              If you're trying to keep your home, you need to be current. That means paying on-time, and don't mess with grace periods.
              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

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment

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