How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ray Your Own Question
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37730
Experience:  Texas Attorney for 30 years dealing in real estate
8534270
Type Your Real Estate Law Question Here...
Ray is online now
A new question is answered every 9 seconds

I am currently in an active chapter 13 bankruptcy as of

Customer Question

I am currently in an active chapter 13 bankruptcy as of today I have fallen 90 days behind in my mortgage payment I went online to the mortgage company's website to make one months payment and they're not allowing me to it saying I must pay all the past due. I can catch up and stay within the 90 days until I do but my concern is they're not excepting my payment if I go to Western Union and send them one months payment that way will they take it ?
Submitted: 21 days ago.
Category: Real Estate Law
Expert:  Ray replied 21 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 21 days ago.

Here you need to contact lender and advise them you are in Chapter 13.They have to accept payments from the trustee and cannot proceed on foreclosure.There is an automatic stay.As part of your plan approved by the court and trustee they will get monthly payments.All you have to do is notice them by phone and then send them a copy of the filing as well certified mail.This should protect you here and resolve the matter.

The plan must be submitted and approved and a monthly payment made here through the trustee and courts once approved.

Sample

http://www.flmb.uscourts.gov/forms/documents/chapter13_model_plan.pdf

Make sure the lender is aware you filed Chapter 13 and then the plan here once approved pays them monthly until discharge.

I appreciate the chance to help you today.Thanks again and the best.

If you can positive rate 5 stars it is much appreciated.

I wish you a Happy New Year too.

Customer: replied 21 days ago.
Even if I have been paying the mortgage myself every month for the last 4 years and I my mortgage is already in a bankruptcy department at Ocwen. So I would assume Ocwen knows I'm in bankruptcy my payment is not part of my trustee payments every month. I personally make it. Please advise. And thank you
Customer: replied 21 days ago.
I tried calling today but bc my mortgage is in the bankruptcy dept they aren't open until Tuesday
Expert:  Ray replied 21 days ago.

So in that situation you need to make sure here that they understand you need to make a monthly payment rather than all of it.All you can do here is call Tuesday.I think they will work with you when you notify them of the situation.

Thanks again.

Customer: replied 21 days ago.
Do you suggest I mKe a payment via western union today
Customer: replied 21 days ago.
Or wait
Expert:  Ray replied 21 days ago.

I would try to make a payment, you can tell them on Tuesday you made the payment here.

Related Real Estate Law Questions