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Post-petition C13 payments on defaulted mortgage
My colleague Larry is correct. Please review Local Bk Rule 3015 and the Form that corresponds to it.
That is one of the several reasons why the Post-Petition, Pre-Confirmation Mortgage Declaration was created. Debtor" atty must fill out this form and file it with the Court every time she mails out a mortgage payment for that month. The Form is cumulative and must be filed with the Court and served on the lender(s) and upon the Ch13 Trustee.
Under Federal Law, so long as the real property has not been officially foreclosed upon, the lender is required to accept the mortgage payments .
If the lender attempts to reject the payment, you therefore have proof that the debtor sent in the payment as is required by the Local Rules. If still necessary, any rejected payment should be brought to the 341(a) or the Cf Hrg so you can explain this to the Court and to ward off any Motion for Relief from Stay
KEITH ALAN HIGGINBOTHAM
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To: cdcbaa@yahoogroups.com
Sent: Sun, May 2, 2010 8:28 am
Subject: RE: [cdcbaa] Post-petition C13 payments on defaulted mortgage
Yes. If itanswers the question, Im missing it. If a mortgagee files a NOD, dont they refuseto accept any further payments?
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Law Office ofMatthew Gary Evans
Matthew GaryEvans, Esq.
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Pasadena,California 91101
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Cell: (213)842-6645
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Yes. If it answers the question, I'm missing it. If a mortgagee files a
NOD, don't they refuse to accept any further payments?
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email:
matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
Member: Consumer Attorneys Association of Los Angeles, Central District
Consumer Bankruptcy Attorneys Association, National Association of Consumer
Bankruptcy Attorneys, Pasadena Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
Thank you.
The post was migrated from Yahoo.
Central Dist CA:
If a C13 debtor has defaulted on mortgage payments and the creditor has
initiated foreclosure (but the sale has not been held), where does the
debtor send post-petition/pre-341 mortgage payments? Can he send them to
the creditor or must they be sent to the trustee?
____________________________________
Law Office of Matthew Gary Evans
Matthew Gary Evans, Esq.
16 North Marengo Avenue, Room 219
Pasadena, California 91101
Tel.: (626) 405-9448
Fax: (626) 768-7565
Cell: (213) 842-6645
Email: matthew@matthewgaryevanslaw.com
www.matthewgaryevanslaw.com
Member: Consumer Attorneys Association of Los Angeles, Central District
Consumer Bankruptcy Attorneys Association, National Association of Consumer
Bankruptcy Attorneys, Pasadena Chamber of Commerce
NOTICE: This message is intended only for the individual named. If you are
not the named addressee please do not disseminate, print, or copy this
e-mail. Please notify the sender immediately by reply e-mail if you have
received this e-mail by mistake and delete this e-mail from your system.
Thank you.
Central
Dist CA:
If
a C13 debtor has defaulted on mortgage payments and the creditor has initiated
foreclosure (but the sale has not been held), where does the debtor send
post-petition/pre-341 mortgage payments? Can he send them to the creditor or
must they be sent to the trustee?
The post was migrated from Yahoo.