i filed for bankruptcy and made my motgage payments but late

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Icon Mini Profile geeooff1




Joined: 01 Jul 2009

Posts: 1

1.32 Dollars($)
PostPosted: Wed Jul 01, 2009 4:23 pm    Post subject: i filed for bankruptcy and made my motgage payments but late

now the mortgage company has filed for a motion to modify or terminate the automatic stay, what can i do to resolve this?
Icon Mini Profile jenkin7
jenkin7



Joined: 04 Jun 2007

Posts: 4050
Location: Hawaii
629.78 Dollars($)
PostPosted: Wed Jul 01, 2009 10:30 pm    Post subject:

Hi geeooff,

I believe you have filed chapter 13 bankruptcy, right? If you are under chapter 13 plan and are having problems while making the payments on time, you can request for a modification of your loan. A modification will reduce your monthly payments and help you stay current on the loan. You will need to get your bankruptcy trustee's approval for the modification. Also talk with your lender and see if they are willing to modify your loan. In the meantime, if they report the late payments to the bureaus, your credit will get affected.
geeooff

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PostPosted: Thu Jul 02, 2009 6:50 am    Post subject:

thanks for the feedback, but the problem isnt affording the payments, the problem is my payments werent recieved on the 1st of each month. my plan hasnt been confirmed yet due to this
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PostPosted: Thu Jul 02, 2009 11:08 pm    Post subject:

ok...well my mortgage company messed up, and dont have records of my payments, but i do. they said they havnt recieved a payment since april...im wondering why...
Icon Mini Profile savior70




Joined: 25 Mar 2009

Posts: 1694
Location: Florida
221.13 Dollars($)
PostPosted: Fri Jul 03, 2009 4:45 am    Post subject:

Hi

If you have the records that you made your payments, you can dispute your lender's claim and prove that you have indeed made the payments. I think you ought to discuss this with your bankruptcy attorney and your trustee. Since you have the records to prove your point, I don't think you will face any problem.
geeooff

Guest






PostPosted: Thu Jul 09, 2009 9:38 pm    Post subject:

well i cant seem to get a hold of my attorny, but i faxed the reciepts to my mortgage company and thier attorny. but now what should i do if i cant get a hold of my lawyer, he doesnt answer phone calls emails or any messages. its making me nervous
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