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Just filed Ch7 1/27/15, now mortgage is reflecting "past due" when Ive been current!?

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Anonymous
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Just filed Ch7 1/27/15, now mortgage is reflecting "past due" when Ive been current!?

IM NEW TO THIS. BUT I NEED ADVICE IF THERE IS ANY. JUST FILED CH7 ON 1/27/15, MY MORTGAGE WAS TO BE DRAFTED FROM BY ACCOUNT FOR JANUARY'S PYT ON FRI 1/23/15. I CALLED THEM THAT DAY TO GIVE THEM A HEADS UP I WAS FILING BK, BUT I PLANNED TO KEEP CURRENT WITH THEM AND WANT TO KEEP MY HOME. IM ONLY HAVING TO FILE B/C I HAVE A PERSONAL SBA LOAN THAT HAS BEEN SENT TO THE US DEPT OF TREASURY. THEY OFFSET MY TAX RETURN LAST YR AND PLANNED TO THIS YR, NOT INCLUDING WAGE GARNISHMENT WS RIGHT AROUND THE CORNER. ANYHOW, ON MONDAY, THE DAY BEFORE I FILED,,I GOT ONLINE TO CK MORTGAGE ACCT AND IT SHOWED I HAD $0 DUE AND THE NEXT PYT WAS OWED 2/1/15. AND IT SHOWED -$160 SOMETHING IN ESCROW. NOW ITS SATURDAY 1/31/15 AND THE MONEY THAT WAS SUPPOSE TO COVER MY MORTGAGE IS STILL SITTING IN MY CKG ACCOUNT. I CALLED HSBC TWICE THIS WEEK AFTER CALLING MY BANK TO SEE WHY IT HASNT COME OUT (THEY TOLD ME B/C HSBC NEVER TRIED TO TAKE IT), AND HSBC TOLD ME THEY SHOW I HAVE BEEN GIVEN 'CREDIT' FOR THIS MONTH'S PYT. YET TONIGHT, I HAPPEN TO CK BACK ON MY ACCT WITH THEM ONLINE AND THEY NOW HAVE ADJUSTED THINGS, SHOWING MY BALANCE OWED THAT WAS ZERO TO NOW $954.99, AND THAT THE LAST PAYMENT MADE WAS ON 1/23/15? AND THAT IM 'PAST DUE' AND THE NEXT DUE DATE WENT FROM 2/1/15 TO 1/1/15. WHAT IN THE HELL IS GOING ON?! WHY WOULD I BE LATE? I SHOULD BE CURRENT. AND WITH THE MONEY STILL IN MY ACCOUNT, HOW ARE THEY ABLE TO HAD TO THE ESCROW ACCOUNT IF NO MONEY HAS BEEN PULLED. THATIS IS SO STRANGE. HAS THIS EVERY HAPPENED TO ANYONE. I SEEN 'PAST DUE' AND FREAKED. I IMMEDIATELY ASSUME THEY ARE FACTORING IN LATE CHARGES, OF COURSE. IVE BEEN CURRENT TILL THIS! WILL THIS HAPPEN NEXT MONTH. I KNOW THEY CAN STOP COLLECTION ATTEMPTS DURING BK, BUT CANT I AND ARENT I , SUPPOSE TO CONTINUE TO PAY...ESP IF  I WANT TO KEEP HOME.? WHEN I GAVE THEM THE HEADS UP CALL PRIOR TO FILE DATE, I DID SAY I WANTED TO KEEP CURRENT AND STAY IN HOME AND THAT IF I HAD TO SIGN SOME SORT OF REAFFIRMATION, I HAD NO PROB IN DOING SO. WHEN PUT THAT IN BK PAPERS...THEN I READ A FORUM ON HERE ON THAT, AND NOT TO DO IT. HELL, WHAT AM IM GETTING MYSELF INTO!?

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3 REPLIES 3
Anonymous
Not applicable

Re: Just filed Ch7 1/27/15, now mortgage is reflecting "past due" when Ive been current!?

LET ME ALSO ADD THAT PRIOR TO MY FILING, I WAS ENTERED INTO A PERMANENT LOAN MODIFICATION AFTER HAVING COMPLETED THE 3 TRAIL PERIOD PLAN THIS SUMMER. THE PERM MOD STARTED NOV. 1ST.

Message 2 of 4
DaveInAZ
Senior Contributor

Re: Just filed Ch7 1/27/15, now mortgage is reflecting "past due" when Ive been current!?

PLEASE DO NOT TYPE IN ALL CAPS, IT'S HARD TO READ AND COMES ACROSS LIKE YOU'RE SHOUTING.

 

Once you file BK no creditor can make any attempt to collect a debt, and taking the payment from your bank account can be considered an attempt to collect a debt. You need to send the payment to them - mail them a check to the address shown on your statement, reference your mortgage account #, and send it to them quickly. During my BK I went to the P.O. and bought Postal Money Orders and mailed them to the mortage company. Four years later my mortgage company still refuses to take the payment from my bank account, I have to send it to them.

Message 3 of 4
Anonymous
Not applicable

Re: Just filed Ch7 1/27/15, now mortgage is reflecting "past due" when Ive been current!?

Sorry for the caps. Just easier not having to worry about capitalizing,lower casing, etc. Smiley Happy

As of today, money is still in my account. Called HSBC mortgage company for the 4th time. Actually spoke to someone who knew EXACTLY what the deal was. Apparently, when they went to take the money out of my account on 1/23rd, i was overdrawn ($54). So they didnt get it. I made a deposit shortly after, and they never apparently tried to pull it again. I dunno. Regardless, I just paid them by phone today. And im so disgusted over this. This explains why it showed online i was past due!!! And i made 3 other phone calls to them only to be told I was given credit for January and next due date was Feb. I feel like screaming!!!!!! Now im confused as to how this reflects on credit report. I filed on 1/27th, so does this reflect on report as past due for January? Or nothing really start reporting till after discharge? Do you know?

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