Late mortage payment and Chapter 13.

My husband and I are three weeks behind on a mortage payment on our manufactured home. We are in the process of filing a Chapter 13, our attorney told us that if they called or any other creditor called we were to tell them to contact our attorney and that was all we had to say. This evening our mortage lender called, saying we needed to make western union payment NOW. My husband very politely told her she needed to contact our attorney regarding this matter. The lady asked were we filing bankruptcy, once again my husband told her she needed to contact our attorney. Lady then told my husband in a very nasty voice that she hated to see us paying good money for an attorney who was giving us such poor advice, that we obligated to tell her if we were filing bankruptcy. Once again my husband told her to contact our attorney, the she became even ruder and said we will be taking action and slammed the phone down. Her behavior was very unprofessional and quite intimidating. Did we have to tell her we were filing bankruptcy? What sort of action can they take?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by njp49:
My husband and I are three weeks behind on a mortage payment on our manufactured home. We are in the process of filing a Chapter 13, our attorney told us that if they called or any other creditor called we were to tell them to contact our attorney and that was all we had to say. This evening our mortage lender called, saying we needed to make western union payment NOW. My husband very politely told her she needed to contact our attorney regarding this matter. The lady asked were we filing bankruptcy, once again my husband told her she needed to contact our attorney. Lady then told my husband in a very nasty voice that she hated to see us paying good money for an attorney who was giving us such poor advice, that we obligated to tell her if we were filing bankruptcy. Once again my husband told her to contact our attorney, the she became even ruder and said we will be taking action and slammed the phone down. Her behavior was very unprofessional and quite intimidating. Did we have to tell her we were filing bankruptcy? What sort of action can they take?<HR></BLOCKQUOTE>


My response:

As soon as a mortgage payment is late, a mortgagor can start foreclosure proceedings. She didn't need to speak with your attorney. She didn't have to speak with your attorney. She has all the cards, because she has the title to your home. She wants the bank's money. Your attorney's "trick" might work with unsecured creditors, like credit cards, but your mortgage is secured by your house. So, all she has to do is start foreclosure, and have you kicked out. The BK will only slow this process down for a little while (the "stay" concerning your home will be lifted) and foreclosure proceedings will continue on schedule. I would seriously consider getting a family member to loan you two months worth of mortgage payments, immediately.

IAAL


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