cancel
Showing results for 
Search instead for 
Did you mean: 

My mortgage bank after I applied for bk7

Highlighted

My mortgage bank after I applied for bk7

Hello everyone! I'm very confused and concerned, I apply for bk7 and had my MOC 341 on 11/07. My question : is normal for the mortgage company close your account, even if you are up to date with your payment? Have anyone have this problem? I want to keep my home. I'm afraid they'll stop taking my payments and foreclose.
Message 1 of 12
11 REPLIES 11
Highlighted
Established Contributor

Re: My mortgage bank after I applied for bk7

 

Same exact thing has happen to me.  My attorney's paralegal contacted them awhile back because it has been my intention to reaffirm my mortgage, which has zero lates ever and is current, but they have apparently not repllied.  I logged in this month to pay and the payment button has been removed, so Tuesday morning I will contact my attorney as to what to do about it and yes, I had my 341 on the 7th and got the notification this morning that they had updated equifax to a zero balance and IIB.

 

I am seriously reconsidering reaffirming, the more I learn about the difference in that and not reaffirming, anyway.



Chapter 7 Discharged & Closed Jan 2020
Message 2 of 12
Highlighted

Re: My mortgage bank after I applied for bk7

Same situation with me! I check my Equifax and shows my mortgage is close. I'm very nervous about it. My lawyer recommended not to reaffirm, just continue making payment but I wasn't expecting this. I'll be calling my lawyer tomorrow morning. I'm freaking out about this, when I logged in to my account I have not access.
Message 3 of 12
Highlighted

Re: My mortgage bank after I applied for bk7

Oh No! I forgot tomorrow is a holiday! One more day of worries.
Message 4 of 12
Highlighted
Super Contributor

Re: My mortgage bank after I applied for bk7

A reaffirmation agreement is a legal contract that states your promise to repay all or a portion of a debt from which you might have otherwise been released in a bankruptcy case. Reaffirming your mortgage debt means recommitting to the terms of the loan and promising to pay it. However, if you default or fail to pay the mortgage, you could still be subject to foreclosure.

 

Those who do not reaffirm their mortgage debt but who still continue to make payments may find that their payments do not show up on their credit report. If you don’t notify the lenders that you want to reaffirm, the lenders won’t alert the credit bureaus that you’ve been making payments on time. In other words its closed.

Message 5 of 12
Highlighted
Senior Contributor

Re: My mortgage bank after I applied for bk7

It's not uncommon for a mortgage lender to stop your ability to make a payment online an even show your account as "closed" on your credit report. Once you filed your mortgage debt is under the protection of the BK court, and "taking" a payment from you can be considered an attempt to collect a debt under BK protection. Many lenders will allow you to make a payment by telephone as you are authorizing them to take the one time payment from you on a recorded line. If they don't allow a telephone payment they will accept a payment mailed to them.

 

In my 2010 BK7 my mortgage was on auto draft from my bank account. They stopped that as soon as they received the BK notice, and while they would accept a telephone payment I decided mailing them a check monthly was easier than calling in each month. I didn't reaffirm on advice of my attorney, but after discharge I called them and talked them into resuming auto draft payment.


Message 6 of 12
Highlighted

Re: My mortgage bank after I applied for bk7

Thank you for the information. I was going crazy thinking about it. I'm glad came to this place, with your expertise I have and continue learning a lot. Thanks again.
Message 7 of 12
Highlighted
Super Contributor

Re: My mortgage bank after I applied for bk7

Dont ever hesitate to ask questions on here. No question is too dumb. Because one of us has or had to go thru the same things as others have and know what to post to help others from our past. Good Luck!

Message 8 of 12
Highlighted
Established Contributor

Re: My mortgage bank after I applied for bk7

This is very common for people who have filed BK Chapter 7 or 13. Once you filed bankruptcy your lender will cease reporting on your credit report. In your case if you did not reaffirm the debt, and the Court issued the Discharge, then you are no longer legally obligated to pay that debt. So as long as you a good maintain payment history as per for the promissory note, the lender would have no grounds to foreclose.

 

The unfortunate part about filing bankruptcy is it the lender will no longer report on your credit, so you don't get the benefit of paying on your mortgage. In many cases people will refinance their homes, and you will need to provide most recent 12 months on time payment history via cancel checks, auto debit, etc. Once the new loan is in place, then of course your mortgage will start reporting again. But you should have no fear that you will lose your home.

 

Hope this helps clear up any questions you may have  

Mortgage Banker - Since 1988 offering FHA, VA, USDA, Conventional, Jumbo, Portfolio and NonQM Loan Products. Licensed in AL, AR, AZ, CA, FL, GA, IL, IA, IN, LA, MI, MO, NC, NE, NV, OH, OK, OR, SC, TN, TX, VA and WI.
Message 9 of 12
Highlighted

Re: My mortgage bank after I applied for bk7

Thanks for the information Loanhomexpert. I have a question, will the loan company continue to send me my taxes information for filing income tax? Thanks
Message 10 of 12
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.