Do you think its ok?

[jessegirl]

I have a 1st mortgage and a 2nd ALL with the same company. I stopped paying my second mortgage (equity) and will continue to pay the first. I always paid online payments. Now I closed out my checking and reopened a new one. Do you think its OK to pay the first mortgage company online? Or do you think that they will just go ahead and just take out the money for the second? I have read alot of people saying on other forums to use money orders, But they cost money and I usually going into my grace period and do not want it to be late. What do you think? Can they just go ahead and take the money for the second mortgage? They call like 5 times aday and when I ask them if they have my attorney info. they say yup and I tell them they are harrassing me and they laugh.

Keep getting those phone calls. I deleted my last entry on this. Flamingo is right I shouldn't lower myself to there level.

[Flamingo]

Jessegirl....when you pay a specific account online such as your first mortgage, you are indicating that a specific amount be paid directly to that account and the funds be taken from your checking account which you will have to enter and save on that website. They cannot utilize that payment to that account to any other account except the one you specify. For them to utilize those funds toward another bill would be a violation of the contract you have with them for your first mortgage. View their online conditions prior to entering your new checking account (the terms and conditions to which you will have to agree by checking off a box) to educate yourself as to their requirements for that bill to be paid. You can always write a check and mail it to pay your first mortgage also if you are leery of making payments online.

As to the calls you are receiving, you don't have to talk to anyone or give any response except to advise them to contact your attorney since they have the attorney information and then hang up. I would not lower myself to their level and give them any further information.

[jessegirl]

Hey Flamingo thanks for the information. You are right i should not lower myself and fall into there trap. I will just hang up on them. Is that considered a form of harrassment and can they be sued for that?

[AngelinaCatHub]

Hey Flamingo thanks for the information. You are right i should not lower myself and fall into there trap. I will just hang up on them. Is that considered a form of harrassment and can they be sued for that?

Have you filed yet? Forgive me if you said that before, but if you have a case number, they are breaking the law. If you do not have a case number 'Usually' they will leave you alone, but, they don't have to. 'Hub

[jessegirl]

Hey Hub - No i haven't filed yet. I will in a few weeks. These people call me all day everyday. From now on I am just not going to pick up the phone.
They are the only ones that call me. All the other about 30 CC's never call me anymore. I guess I shouldn't complain cause it could be alot worse. LOL

[Flamingo]

Hey Hub - No i haven't filed yet. I will in a few weeks. These people call me all day everyday. From now on I am just not going to pick up the phone.
They are the only ones that call me. All the other about 30 CC's never call me anymore. I guess I shouldn't complain cause it could be alot worse. LOL

Jessegirl - I thought you had already filed...sorry...if I were you I would ignore the calls (if you have caller ID you can easily recognize their calls) and when you do file in a few weeks your attorney will give you his/her card to provide to callers when they call - then I would answer the phone, give them your attorney's name and phone number and advise them if they have further questions to call your attorney. Very few will call after that unless it takes a while for you to actually file and get a case number.

Just ignore them until that time - it's really not worth your own personal time nor the stress involved...

[keepmine]

Why are you paying the first mortgage but, not the 2nd?
Are you filing a 7 or a 13?

[jessegirl]

I am paying the 1st because we are keeping the house.My attorney advised us to put the equity in the bk7, becasue the market went down so much the house is no where near worth what both loans are for.

[keepmine]

If you don't pay the 2nd, they have the right to foreclose on the property. Not sure what you're trying to accomplish here.

[jessegirl]

Keepingmine - That is wrong... They cannot foreclose on me for not paying my equity loan. As long as I put it in my BK7 it will be discharge and then my attorney will have the lien stripped. I am still paying and current on my 1st mortgage. My attorney has advised us on this. I believe your information is wrong.

[hrh25]

jessegirl, Keepmine is correct, you can not lien strip in a chapter 7, this can only be done in a chapter 13. I would ask a few more attorneys about this before you file.

HRH

[jessegirl]

I just said that it will be put in the chapter 7 and then the attorney will strip the lien, meaning chapter 13 after the 7.

[hrh25]

So, does this mean you will file twice, chapter 7 and then chapter 13? Have you tried talking with the mortgage company to see if they could work something out? I was able to get mine to lower my interest rate and payments come down by $1,000. I did have to keep pushing for it though and keep trying.

HRH

[jessegirl]

Hey hrh, yes we will be doing the 7 and then a 13. See my first mortgage is higher then what my hosue is worth by about 60K and then when you incorporate the 2nd mortgage its just way over what the houses sre going for now.But, we really want to keep the house cause of the kids with school etc. Now, explain to me what you did. Is the first mortgage 1000K less? I am very interested in what you are talking about. If you want either PM or add it to the thread. Thanks so much for your information it is much appreciated!

[keepmine]

OK, why are you filing a Chapter 7 if, the lein is going to be stripped in the 13?