I just got a call from my bank stating that my mortgage company refused my September payment - they just sent it back stating payee refuses. I was going to totally catch up my mortgage today. I will call them and see what is up. I can't believe they would really want to foreclose, but maybe they do. They have been accepting late payments from me for the last 6 months and now (after they received notification of bankrupcy) are refusing to accept payments. Can they refuse if I am totally catching up? Maybe I should let them have the house -- owe around $237K and they probably can't sell it for more than $200K tops in our market here right now.
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Teri,
How far behind are you, or were you in the past six months. Over 30 days? I have never heard of such a thing. And I though bankruptcy protected you from foreclosure. -
Last edited by BassBoy; 10-21-2005, 07:39 AM.Bankruptcy History:
Chapter 7 filed - 10/12/2005 - Asset
Discharged - 02/16/2006
Case Closed - 11/08/2007
A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain
All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.Comment
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Bass Boy,
I was told by my attorney that payments to SECURED creditors would not be considered preferential payment. She said that was only to UNSECURED creditors! Are you saying that is wrong?
Also was told to KEEP MAKING PAYMENTS on secured (house & vehicle) accounts.... they can accept my payment, but not BILL me for payment during automatic stay. Is that wrong also??Comment
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That is my understanding as well. You actually need to keep payment current on secured accounts in order to keep the property.
Originally posted by LostinMiMost of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.Comment
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I think maybe I got a little over zealous with my search for info. Sorry. I probably should have just stuck with Teri already being behind and filed BK and that may have something to do with the payment being returned. Sorry folks. Sometimes I get on a roll (or at least I think I'm rolling....LOL!) and I can be a little over zealous.Originally posted by LostinMi
Bankruptcy History:
Chapter 7 filed - 10/12/2005 - Asset
Discharged - 02/16/2006
Case Closed - 11/08/2007
A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain
All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.Comment
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Bass Boy, I think you mean over zealous.
Okay, my question is, how far behind are we talking? When I go to my 341 meeting next week, I will actually be about 25 days behind in my car payment. I'm trying to catch up, but it's been a long road. Will I be okay with 25 day? It's not 30, after all. (But this month it could actually go past 30 for the first time).Comment
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My lawyer said "current".... so I am not sure. When I go to my 341 meeting at the end of Nov, I will be 8 day past due on Mortgage (1months worth), but will pay it up current that Friday (3 days after meeting)..... so "I" will consider that current, and if asked "checks in the mail" because it really will be on that Tuesday.Comment
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When they say current they mean "uptodate and on time" payments.
MinnyMinny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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If you were in a Chapter 13 plan any late payments could cause your case to be dimissed, then you'd owe for everything forever......
MinnyMinny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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Oops. Thanks. I'll edit that.Originally posted by accentoneLast edited by BassBoy; 10-21-2005, 11:48 AM.Bankruptcy History:
Chapter 7 filed - 10/12/2005 - Asset
Discharged - 02/16/2006
Case Closed - 11/08/2007
A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain
All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.Comment
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It's okay, Bass Boy. I'm just a nick pick, I guess. I apologize.Comment
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so, Minny, now I'm spooked. Do they usually ask if you're up to date on payments?Comment
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How could you say you're current if your payment is late?Comment
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I would be current - as in not owing any more money until November 1st...
that is current, up - to - date. I did not say it wasn't late. November's mortgage would be made on time and I would be current and up-to-date at the 341 if they will take the money. If not, I guess it is their problem....they will lose money on this house. I wanted to "ride through" and not reaffirm anyway. Guess I will have to look for a new home sooner than I thought. Although, the mortgage company can not figure out why the check was returned. I am just going to send another check - this will include Sept & Oct mortgage. I'll see what happensComment
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