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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I filed a chapter 13 on 1/29/08. My 1st mortgage holder decided

Resolved Question:

I filed a chapter 13 on 1/29/08. My 1st mortgage holder decided to pay off 4 years of back property taxes three days after my file date. They did this unilaterally and thereby added a large amount of money ($57,000) to their unpaid impound claim. Didn't they violate my automatic stay provision while making nearly impossible for me to satisfy their claim short of foreclosure? Thanks Rick
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

Thank you for your question.

It does not appear that the lender violated the automatic stay. A violation of the automatic stay occurs if the creditor takes an action to collect from the debtor after filing without court permission. In this case, the lender made a payment to protect the collateral
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