Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Voluntary Mortgage Payments After ch7 Discharge

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  • Voluntary Mortgage Payments After ch7 Discharge

    I was discharged of my mortgage 2 years ago in a ch 7 discharge. On advice of my attorney I did not reaffirm. I have my initial mortgage with Beneficial with $175k debt, and a second mortgage with Suntrust at $100k. My property is a condo valued at about $290k and located in Maryland. During my b/k Suntrust was granted a motion from the automatic stay that would allow them to proceed with the foreclosure but they never did. After the discharge I tried to work out a loan modification with both lenders that refused my request. So I have stayed in my home for 2 years mortgage free while waiting for either lenders to foreclose. But neither did. Benefical had filed their Intent to foreclosure prior to the b/k but Suntrust never did. Beneficial sent me a letter today that my account was transferred to their new servicing system and that while I was discharged of the debt in bankruptcy, I could make voluntary payments and they provided ez payment details. My question is should I start making voluntary payments in hope that this will stall any future foreclosure proceedings by Beneficial, or should I just wait it out? I would like to keep my home and could afford to make my pre-bankruptcy monthly payments since no payments are being made to Suntrust. My fear is that if I start making payments (when I don't have to ) that they will still proceed with a foreclosure in the future and I could instead continue saving money for a rental should I be prepared to walk if foreclosed. Also, my state has a law that allows for a court mediation with my lender if they foreclosure. If I don't make any payments, and they foreclosure, I still have a shot at a loan modification through mediation. I just don't know what to do and appreciate any advice.

  • #2
    Your fear is well founded. Paying now will probably not stop foreclosure because you will be in default until you bring all payments current or get a modification. I wouldn't make any payment until you have modification agreements that make the loans affordable.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


    • #3
      Thanks. Your advice make sense.


      • #4
        Originally posted by sicilian150 View Post
        I . Benefical had filed their Intent to foreclosure prior to the b/k but Suntrust never did. Beneficial sent me a letter today that my account was transferred to their new servicing system and that while I was discharged of the debt in bankruptcy, .
        your post caught my eye as our mortgage is also with Beneficial (now HSBC) and we have been expecting foreclosure at any time; we haven't made payments since July 2010 and just got our BK13 discharge. We've received nothing from them other than a couple of form letters re our account and amount in arrears if we're willing to pay, etc. The only reason we know another servicing system is in pace is that it was on our credit report we recently pulled. They paid the back property taxes last July so am assuming that NOD is imminent. It's certainly nice being able to build up savings for an eventual move, however! Good luck to you


        • #5
          Thanks knitty and good luck to you.


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