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    need help

    hi everyone, i filed ch,7 (16) months ago but now my mortgage company keep send this message every month after mine case were closed i want to know what are they mean with those messages? i am thinking they are doing this because i never singned for my home loan i only sing for home equity.

    note: they only send those messages on my home loan only but they don't send any messages on my second loan.
    please read the follow.

    Important Information On This account
    What is this all About? We appreciate the opportunity to service this loan and we value our relationship with you. We are always looking for ways to increase customer satisfaction and to provide information. A number of our borrowers, probably just like you, have asked for more helpful information in the monthly statement and on-line. We want to clarify for you what we are doing, and why, to minimize your questions and concerns.

    The Impact of the Bankruptcy: Our records indicate that in the past you received a discharge of this debt in a bankruptcy case. Section 524 of the Bankruptcy Code tells us the discharge of this debt means you have no personal obligation to repay it. The discharge also protects you from any efforts by anyone to collect this discharged debt as a personal liability of the debtor. You cannot be pressured to repay this debt. On the other hand, the security agreement allows foreclosure if the requirements under the loan documents are not met. This quick summary is not intended as legal advice. You should consult with your own advisors if you have legal questions about your rights.

    The Online Information-What We Want to do For You: We received many calls from homeowners asking for detailed information about the home loan. We want to provide this information to those who want it. We are providing this detailed information as a courtesy to you. This is not an attempt to collect a debt that has been discharged. This is not a demand for payment.Account details displayed on this site are for informational purposes only. If your account is eligible, access to MortgagePay is provided as a courtesy to you.

    Late Charge Information:
    The loan documents provide that if we do not receive the current account payment by the end of the grace period specified, then the loan may be assessed a late charge, the amount is also specified in the loan documents. The specific details for your account can be found by selecting Account Details or Monthly Statement.
    Last edited by Elchulo71; 05-14-2006, 10:10 AM.

    #2
    First thing,.........

    They're telling you the original terms of the Note govern how you continue to pay, your interest rate, your escrow if you have one, etc. When you do not reaffirm a loan in BK, the original terms of your agreement remain in force. If you have a fixed rate mortgage it stays that way. That kind of thing.

    Second,......

    It sounds like they are trying to get you to set up an on-line Mortgage Acct with them. A way for you to track posting of your payments, show you your current principal balance, possibly make your monthly payments directly thru the website. Whatever services that particular Lender typically provides in their on-line services would be available to you.

    Third,.........

    They are letting you know if you do not stay current on your payments, your home is subject to Foreclosure. Which is probably stated in your original mortgage instrument, but they are taking great pains to remind you in this letter.

    That statement makes me wonder if your Mortgage Lender possibly believes you have skipped a payment. I'm not saying you did. But others here have had that experience. Even tho they made their payments every month as usual, their mortgage Lender shows 1, sometimes 2 payments as not having been made.

    Even tho it's not right by any means, I think that happens due to the bureaucratic nature of Mortgage Lending and BK. When you file BK, your loan gets passed to another department. A Dept devoted to dealing with borrowers who have or are filing BK. Because of the laws of what they can and cannot say to you, Lenders have specially trained people to deal with BK clients.

    You might wanna contact your Lender to be sure that all of your payments have been properly credited. Just a CYA for yourself so you know for sure.

    Also, your Lender could possibly be getting inquiries from investors and such about the current state of your loan. That's probably not what the letter meant. It probably meant the Lender gets a lot of calls from customers requesting info on their accts. But maybe if and when you do call, you might check that your Lender isn't discussing your acct info with outside parties.

    Our Lender cannot discuss our loan with anyone who is not authorized by us in writing. We had to fax a letter to our Lender allowing them to discuss our loan with our attny.

    Overall, I think it's a courtesy letter to get you to sign up for on-line services and possibly mortgage payments. But you might wanna call and see for sure.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      It is a canned message they send to all people who have filed bk. It is just a legal way of saying, here is what your bill would look like if we could send you a bill, but since your in BK and the debt is discharged, we are not asking you to pay it. However, we can reposses the property once your past the grace period.

      Both my mortgage companies cancelled my internet access once I filed BK. I called my primary lender, they reinstated the internet access but 5 days later I got an e-mail from them stating they had to suspend internet access to the account. I told them fine, I would just spend there money calling there 800 number each month to confirm they got paid.
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

      Comment


        #4
        Originally posted by aa06a47
        It is a canned message they send to all people who have filed bk. It is just a legal way of saying, here is what your bill would look like if we could send you a bill, but since your in BK and the debt is discharged, we are not asking you to pay it. However, we can reposses the property once your past the grace period.

        Both my mortgage companies cancelled my internet access once I filed BK. I called my primary lender, they reinstated the internet access but 5 days later I got an e-mail from them stating they had to suspend internet access to the account. I told them fine, I would just spend there money calling there 800 number each month to confirm they got paid.
        thank you very much.

        question: they mean if i stop making payment for any reason i don't have to pay any balance after foreclosure?

        Comment


          #5
          As long as you did not sign a reaffirm agreement, the balance on the home was discharged in BK..... if later down the road you decide to let the home go back..... let it foreclose, you will owe nothing......

          But also, if you make a late payment, they can start foreclosure proceedings immediately on you and force you into foreclosure.......

          If you plan on keeping your home, make your payments very early before the due date.......... do not take any chances (in fact, it wouldn't hurt to make sure you are at least 1 month payment ahead - for emergency purposes should you not be able to make a payment sometime in the future) This is what I do!!! If you do make a payment ahead, but sure that you include the payment stub, or write on the check what month the payment is for (this way they won't just apply it to principal as extra payment on principal....) You want your account to reflect that you do not have a monthly payment due for 2 months..... at all times.

          If they continue to offer you on line service information - that is great for tracking your payments. THEY can NO LONGER send you statements, etc each month... as required by law. So you will have to keep up with your payments, etc...... when they are do, etc......
          Minny

          "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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