Posted on: 23rd Mar, 2008 04:29 pm
WE have completed a Chapter 13 but our mortgage company has reported our payments during the course of the plan "post petition" as up to 180+ days late due to the arrears that was in the 13 plan. This effects our score but they refuse to fix it. Is this Legal I thought the 13 protected from them useing the arrearage against us duirng the course of the plan.
Hi Jimcren,
Did you make late payments during the Ch13 plan or is it that you wewr late for 180 days and then you went on a ch13 plan? please clarify. If were late intially, then the lender can report it to the bureaus. They generally do so if one is 30 day late.
Take care
Did you make late payments during the Ch13 plan or is it that you wewr late for 180 days and then you went on a ch13 plan? please clarify. If were late intially, then the lender can report it to the bureaus. They generally do so if one is 30 day late.
Take care
your bankruptcy trustee or your personal representation ought to be conversant with this subject.
frankly, i've never encountered the question and cannot provide any insight, but you ought to have the resources on hand to help you out.
frankly, i've never encountered the question and cannot provide any insight, but you ought to have the resources on hand to help you out.
I was late pryor to the BK but the payments that were late (60 days) were inclided in the Chapter 13 fileing. But continued to be reported by the Bank as a continued and accrueing series of late payments for the entire three years of the plan. Even though our post petition payments were on time.
Hi RC,
I do understand your problem. the bank should have reported the payments as something like "paid under Chapter 13 plan". Moreover you have been making the Chapter 13 payments on time. I think you should immediately call the bank and request them to make changes in their reporting. Or else, you may call up the bureau to which the bank has been reporting and dispute the error. You may have to send them a letter stating what you wish to dispute. Also keep a copy of the dispute letter.
Take Care
I do understand your problem. the bank should have reported the payments as something like "paid under Chapter 13 plan". Moreover you have been making the Chapter 13 payments on time. I think you should immediately call the bank and request them to make changes in their reporting. Or else, you may call up the bureau to which the bank has been reporting and dispute the error. You may have to send them a letter stating what you wish to dispute. Also keep a copy of the dispute letter.
Take Care
Do I risk forclosure if I am late on mortgage payments while in Chapter 13?
Yes you do risk foreclosure if you make a late payment while in Chapter 13. Most probably your chapter 13 can be dismissed because of it. You need to talk to the trustee about it. In case your Chapter 13 plan is dismissed, the lender will probably take a chance to foreclose your home.
The best thing is to have a straight talk with the lender as well as the trustee and check if the latter is willing to modify your Ch 13 plan. But filing ch7 isn't the right way perhaps because there are chances that you may lose your home and at the same time get the big hit on your credit.
Hope this helps...
God bless you.
Samantha
The best thing is to have a straight talk with the lender as well as the trustee and check if the latter is willing to modify your Ch 13 plan. But filing ch7 isn't the right way perhaps because there are chances that you may lose your home and at the same time get the big hit on your credit.
Hope this helps...
God bless you.
Samantha
Sounds like a difficult situation. I am preety sure they can foreclose if you make too many late paYments under chapter 13. My mother in law missed 2 payments over a 6 month period and they started foreclosure proceedings.
I always thought that they will not foreclose unless you are late with 3 payments, she must have been further behind than that. I have been two late and they only threatened foreclosure if I got close to 3 late.
Thats what I heard too. When I first got my manufactured home they somehow crdited another account with my payments for 3 m onths. I never heard anything by phone or mail, just one day a person showed up at the door with a letter telling us they were going to foreclose. I called the company and flipped. I had to get a copy of all my checks and send them to the company. That clarified everything up but I was so mad. It was their mistake and I had to clean it up and got the headaches from it.
Hello,
We have been trying to get back to be current on our mortgage while going through chapter 13, but are not there yet. There has been someone coming around and taking pictures of our house. It looks like we could be caught up by the end of this month. While going through chapter 13, can we, or should we talk to our bank?
We have been trying to get back to be current on our mortgage while going through chapter 13, but are not there yet. There has been someone coming around and taking pictures of our house. It looks like we could be caught up by the end of this month. While going through chapter 13, can we, or should we talk to our bank?
Hi Jody,
Welcome to the forum.
If you are late on your mortgage payments then you may get dismissed from bankruptcy and face foreclosure. In this case lender may not help you much but you can always or should talk with the lender.
Best of luck,
Larry
Welcome to the forum.
If you are late on your mortgage payments then you may get dismissed from bankruptcy and face foreclosure. In this case lender may not help you much but you can always or should talk with the lender.
Best of luck,
Larry
sounds tough, hope you can get it all worked out with your lender, keep us updated.
Fireyone, did your mother law file bankruptcy during this period that you are talking about. I am really curious about the details on this.
Fireyone, did your mother law file bankruptcy during this period that you are talking about. I am really curious about the details on this.
Are you sure that she was only late two times, I find that hard to believe, I know a lady that was like 6 months behind before they finally put her out and did a sherriffs sale. I don't think that it could happen at 2 payments, I could be wrong, but I think there is something that she is not telling you.
I think it is 3, for sure, 90 days is a foreclosure notice and then at 4 they start acting on it for sure.