Strange mortgage creditor comment?

[happy_ira]

I have two mortgage loans (#1 is Big Company and #2 is small regional player). Naturally, creditors received a copy of my filing as per the creditor matrix. Big Company immediately sent me a notice they knew, I called them and they are sending me Reaffirmation paperwork.

Small player (#2) is clueless, as expected. I sent them this month's payment, which they deposited. I had not heard from them, so I emailed their customer service rep saying "Hi. I filed for bankruptcy and you received such information by now, but I plan to reaffirm loan. My other home loan company is sending me the paperwork. Can you do same?"

Later in the day today, I received this response:
Naturally, I am not inclined to believe the latter comment, esp because I can see the back of the check from my bank online and it looks like all the other months have always looked. A load of bull. I'm suspicious of why they might pull something...? What's up with that and what do I do? I am thinking of sending an email as follows:

Hi. "Reaffirmation of Loan" paperwork seems pretty standard based on conversations I had with both Big Company (home loan #1) and ____ Finance (my car loan). Both companies have bankruptcy departments who send out the paperwork, which I sign and send back. I guess this kind of thing happens all the time to the big guys and they do not want to end up with a house or a car in this economic environment. I'm sure your company's attorney is familiar with this. If not, I'll just do a "ride through" which means I'll keep paying mortgage if you dont have the paperwork ready. In my bankruptcy filing with the court, the documents show that I am reaffirming my mortgages.

As for this month's check, I can't stop it. I see it was already debited from my account and the funds are no longer there. Are you worried that you shouldn't have deposited it? I don't understand. Both my attorney and the bankruptcy trustee understand I am reaffirming and paying my mortgages and car loan. What am I missing?

What if they do not send the reaffirmation paperwork on time? Does that mean they can come in here and make trouble? Can I "ride through"? Note that 1) their debt is subordinated to my Big Company mortgage and 2) the real estate is very upside down (-$75k).

Thoughts before I send the email?

[lrprn]

First, if you filed with a lawyer, all of this needs to be going through him/her.

However, if you filed pro se (without a lawyer), then you'll have to do the negotiating. The first rule of negotiating is to never give away your hand until you have to. You are providing too much information in your email. Let the mortgage company figure out what's going on. It isn't your job to tell them about reaffirmation or about ride-throughs.

Last, I would not stop payment on the last check either. Tell them you expect them to transfer the money they mistakenly put into the wrong account into the correct account. Period.

[FreshLikeADaisy]

Agreed with Lrprn; I too thought that your proposed email was way too nice. I know you're a generous guy, but...

Something along the lines of --

"Hi. The check referenced in your earlier email has already cleared. Whatever internal issues this may have caused should be easily resolved through your regular internal accounting procedures. I am somewhat amazed that you would ask me to stop payment on a check that was received and deposited normally, especially in light of my recent bankruptcy filing. Please have your legal department forward the proposed reaffirmation agreement to my attorney at earliest convenience. Thanks, Happy_Ira"

...and then cc your atty on it. I know it's less gracious than you might normally be, but the request to stop and reissue a check *that they have already received and deposited* just after you file bk does not smack of legitimacy. In fact, it seems downright bizarre. I have no clue what they were after with such a request, but that's not anything I would let slide. A simple request for reaffirmation papers should not be heading in that direction, and if you read their email again, the reaff is secondary to this strange request.

Just my thoughts, feel free to disagree. Good luck!!!

P.S. You're not out of time on the reaff; what you can do is have your atty request it, or send a certified letter yourself to their legal department, detailing your prior requests for same and inquiring as to the delay. They should be *thrilled* that you are trying to reaff a 2nd mortgage, I think.