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Rights of consumer when Mortgage company declares Bankruptcy

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issuesgrlShan

Guest
What is the name of your state? north carolina
my mortgage company conseco finance has declared chapter 11 bankruptcy. what are my rights during this time?
 


A

aahlee

Guest
i dunno you owe the money thats for sure, so what is your question?
 

HomeGuru

Senior Member
issuesgrlShan said:
What is the name of your state? north carolina
my mortgage company conseco finance has declared chapter 11 bankruptcy. what are my rights during this time?

**A: you have the right to keep paying your mortgage payment pursuant to your note. Any further instruction will come from the BK Trustee.
 

JETX

Senior Member
And if you thought for a half-second that the mortgage just 'disappeared' with the filing.... the mortgage will be purchased by someone.... and you will be instructed to send payments to them.
Your obligation remains intact.
 
I

issuesgrlShan

Guest
i never thought i would negate my obligation. however, i know that during a certain period of the negotiations the company is not allowed to collect money. that is until the terms of the bankruptcy are decided. do i have the right to say no to them selling my mortgage to another company? or am i just along for the ride and put my money into the bank until they can take the payments again?does that mean i incur interest during that time? i dont mean to sound obtuse, but i have never encountered this situation before, and the mortgage company certainly isnt shedding any light on the questions i have asked them directly.
 

JETX

Senior Member
Q1) "i know that during a certain period of the negotiations the company is not allowed to collect money."
A1) Not true. In the case of a bankruptcy petitioner who receives funds on a payment schedule (as in your case), will still receive those funds. The court will 'intercept' them and put them into an escrow account. You just continue making your payments as before.... until the court advises you otherwise. And as usual, keep all records of payments made.

Q2) "do i have the right to say no to them selling my mortgage to another company?"
A2) No. If you will review your mortgage papers, you will see that your obligation to pay is to the company "and all assigns". They can sell your mortgage to any buyer.

Q3) "or am i just along for the ride and put my money into the bank until they can take the payments again?"
A3) Nope. You continue sending payments just as you always have.

Q4) "does that mean i incur interest during that time?"
A4) Yep. The note, payment, interest, etc. have not changed at all.

Q5) "i dont mean to sound obtuse, but i have never encountered this situation before, and the mortgage company certainly isnt shedding any light on the questions i have asked them directly."
A5) Simple. Keep making payments just like normal. Keep copies of records.
 

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