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New to the forum, Bankruptcy and Chase.. nightmare!

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    New to the forum, Bankruptcy and Chase.. nightmare!

    Hello everyone!
    First of I would like to introduce myself, my name is Maria. My boyfriend Chad filed for bankruptcy in January and was discharged in May. Thank you for welcoming me to this forum.
    The reason for this post is my boyfriend’s current mortgage situation.

    Here is what has transpired, Wamu now Chase opened an Escrow account for insurance in 2008, my boyfriend at the time didn’t live in the house, his ex wife did, he gave her the money to pay it but she pocketed and never did pay. He recently received a letter stating he is $2,400 behind in his mortgage, Chase as of June 2009 started to apply his regular mortgage payment to this escrow account, they have done this for June, July and August. Chad did claim the insurance money under his bankruptcy, shouldn’t have they got rid of that account? Otherwise his payments would have never got “re-directed” to this escrow account, what do you think?

    He called Chase and they told him that they may be able to help him, may?? He claimed this in his bankruptcy what’s there to “help him with”?? Am I wrong in assuming this debt should have been relieved?, shouldn’t chase allow him to send proof that his debt should be relieved??


    Thank you for your time!
    Last edited by hypertweeky8; 09-15-2009, 06:11 AM.

    #2
    I don't know the answeres, but someone probably does.

    I just wanted to welcome you to the forum and wish you good luck on this journey.

    Best regards

    -dmc
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment


      #3
      Is he keeping the house? If so, the property taxes are not dischargeable. He is responsible for the mortgage, taxes, and insurance if he wants to stay in the house.

      Comment


        #4
        Originally posted by hereforinfo View Post
        Is he keeping the house? If so, the property taxes are not dischargeable. He is responsible for the mortgage, taxes, and insurance if he wants to stay in the house.
        Thank you very much for your prompt response!

        Yes he has kept the home, he lives in it. He pays his taxes every year that is not what he claimed under his bankruptcy, the insurance amount of $600.00 from September 08 to December of 08 is what he included in the bankruptcy.
        So are you saying the only way to claim the insurance amount under his bankruptcy is if he had "lost" the house?

        Comment


          #5
          Chase is known to open insurance accounts for mortgage holders who already have their own insurance.

          So, your saying Chad included these charges in his BK?

          Did he reaffirm his loan with Chase?
          No Asset 7 closed 11/09

          Comment


            #6
            Oh, I misread as taxes. I have no idea about whether the lender-purchased homeowner's insurance is dischargeable or not. Even if it is, since it's now part of the mortgage payment he would need to pay or risk foreclosure.

            Did the ex let the insurance lapse, so Chase purchased it to cover the property for that time period? That's their right according to the mortgage note. If you ever fall behind on taxes or insurance, they pay those items to cover their interest in the property. Then they start an escrow account to collect the amount they paid, plus future taxes and insurance. Those charges then become part of the mortgage payment, so even if they are technically discharged in the bankruptcy, the lender can foreclose if the mortgage payments are not paid in full.

            Comment


              #7
              Originally posted by DeadManCrawling View Post
              I don't know the answeres, but someone probably does.

              I just wanted to welcome you to the forum and wish you good luck on this journey.

              Best regards

              -dmc

              Thanks!!!!

              Comment


                #8
                Originally posted by hereforinfo View Post
                Oh, I misread as taxes. I have no idea about whether the lender-purchased homeowner's insurance is dischargeable or not. Even if it is, since it's now part of the mortgage payment he would need to pay or risk foreclosure.

                Did the ex let the insurance lapse, so Chase purchased it to cover the property for that time period? That's their right according to the mortgage note. If you ever fall behind on taxes or insurance, they pay those items to cover their interest in the property. Then they start an escrow account to collect the amount they paid, plus future taxes and insurance. Those charges then become part of the mortgage payment, so even if they are technically discharged in the bankruptcy, the lender can foreclose if the mortgage payments are not paid in full.
                well that blows
                Chad gave her the money to pay insurance and she never did so yeah the insurance lapsed.
                He always paid his mortgage payment but they were applied to the escrow account instead.
                sigh.
                Thanks.

                Comment

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