Bankruptcy/Mortgage

lori netter · #1 01-30-2008, 11:35 AM

What is the name of your state? NY

I filed bankruptcy which included back mortgage payments. Afte the Bankruptcy I had a change in income and became behind on my mortgage payments again. Now Im in foreclosure again. I requested a letter from the mortgage companies attorney stating how much I would need to stop the foreclosure. They sent me a letter with an outrageous amount to reinstate my mortgage. After trying to figure out where they were coming up with these figures I realized that they are including the amount included in my bankruptcy. Can they do this? Also in the meantime the original mortgage co sold my mortgage to another company and the letter I received from their attorney is the old mortgage co against me but the new mortgage co is who has been calling me and who I have been dealing with.

HomeGuru · #2 01-30-2008, 11:43 AM

Quote:

Originally Posted by lori netter

What is the name of your state? NY

I filed bankruptcy which included back mortgage payments. Afte the Bankruptcy I had a change in income and became behind on my mortgage payments again. Now Im in foreclosure again. I requested a letter from the mortgage companies attorney stating how much I would need to stop the foreclosure. They sent me a letter with an outrageous amount to reinstate my mortgage. After trying to figure out where they were coming up with these figures I realized that they are including the amount included in my bankruptcy. Can they do this? Also in the meantime the original mortgage co sold my mortgage to another company and the letter I received from their attorney is the old mortgage co against me but the new mortgage co is who has been calling me and who I have been dealing with.

**A: without the specifics, I can only answer yes they can do that since the back payments were not discharged.

lori netter · #3 01-30-2008, 12:02 PM

Even though it's 2 different mortgage companies? Not only that their attorney sent me a re-instatement letter from the 1st mortgage co not the current mortgage company

porcelina68 · #4 01-30-2008, 05:18 PM

Quote:

Originally Posted by lori netter

What is the name of your state? NY

I filed bankruptcy which included back mortgage payments. Afte the Bankruptcy I had a change in income and became behind on my mortgage payments again. Now Im in foreclosure again. I requested a letter from the mortgage companies attorney stating how much I would need to stop the foreclosure. They sent me a letter with an outrageous amount to reinstate my mortgage. After trying to figure out where they were coming up with these figures I realized that they are including the amount included in my bankruptcy. Can they do this? Also in the meantime the original mortgage co sold my mortgage to another company and the letter I received from their attorney is the old mortgage co against me but the new mortgage co is who has been calling me and who I have been dealing with.

Before the mortgage company could even think about starting foreclosure again, they would have had to petition the court for relief from the automatic stay. I think it's safe to assume that this was granted. That is just like you never included your past due mortgage payments in your Chapter 13. So, the figure you received is everything that you are behind.