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Violation or Just Insanity?
I'm going to make a motion. Let them wake up and revamp their procedures.
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California
91364-2203
Telephone: (818)226-1205
Email: kennethjschwartz@yahoo.com
Sent from my iPhone
On May 8, 2011, at 9:57 AM, stephen burton wrote:
> I have a similar problem. Confirmed chapter 13, about one year. Client fell two months behind in mortgage payments. She tried to make a payment recently by phone, as she always does, but this last time it was declined. She was told, wait for it, that "your attorney had been contacted" and that they could accept no more payments and that the bank was going to court. Obviously a stay relief motion is in the wind.
>
> So if a client falls behind is it right for them to stop accepting payments when the client falls behind? I rarely see this?
>
> Steve Burton
>
> To: "cdcbaa@yahoogroups.com"
> Sent: Sun, May 8, 2011 9:38:00 AM
> Subject: Re: [cdcbaa] Violation or Just Insanity?
>
>
> Just insanity. But it is also contempt. Order confirming plan is a new contract with insane bank. They must accept payments. You know, if there is a proof of claim from a lawfirm, you might be able to fix this with a letter demanding the bank cease its contemptuous activity.
>
> Sent from my iPhone
>
> On May 8, 2011, at 9:01 AM, "Kenneth Schwartz" wrote:
>
>>
>> Clients are about 7 months into a confirmed Chapter 13 Plan. They have been making their post-confirmation mortgage payments directly at their local branch with no problems. Yesterday they received back their April payment, which was timely tendered, uncashed, with a handwritten note that the local branch cannot handle their payments. Meanwhile, I am sure that the April payment is now considered delinquent. Aside from being plain dumb, I fell that this is a violation of the law, at least in spirit, and am toying with the idea of waking the bank up with some sort of motion for sabotaging the Chapter 13. Probably just my early morning crankiness, bur heck, here the clients are doing their best, and the bank keeps placing silly roadblocks in the way, not to mention that my time now has to be spent dealing with another stupid issue. Make the motion (Valley case) just to mess with them?
>>
>>
>
>
I'm going to make a motion. Let them wake up and revamp their procedures. Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Email:
The post was migrated from Yahoo.
I have a similar problem. Confirmed chapter 13, about one year. Client fell
two months behind in mortgage payments. She tried to make a payment
recentlyby phone, as she always does, but this last time it was declined. She
was told, wait for it, that "your attorney had been contacted" and that they
could accept no more payments and that the bank was going to court. Obviously a
stay relief motion is in the wind.
So if a client falls behind is it right for them to stop accepting payments when
the client falls behind? I rarely see this?
Steve Burton
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Sun, May 8, 2011 9:38:00 AM
Subject: Re: [cdcbaa] Violation or Just Insanity?
Just insanity. But it is also contempt. Order confirming plan is a new
contract with insane bank. They must accept payments. You know, if there is a
proof of claim from a lawfirm, you might be able to fix this with a letter
demanding the bank cease its contemptuous activity.
Sent from my iPhone
On May 8, 2011, at 9:01 AM, "Kenneth Schwartz" wrote:
>Clients are about 7 months into a confirmed Chapter 13 Plan. They have been
>making their post-confirmation mortgage payments directly at their local branch
>with no problems. Yesterday they received back their April payment, which was
>timely tendered, uncashed, with a handwritten note that the local branch cannot
>handle their payments. Meanwhile, I am sure that the April payment is now>considered delinquent. Aside from being plain dumb, I fell that this is a>violation of the law, at least in spirit, and am toying with the idea of waking
>the bank up with some sort of motion for sabotaging the Chapter 13. Probably
>just my early morning crankiness, bur heck, here the clients are doing their
>best, and the bank keeps placing silly roadblocks in the way, not to mention
>that my time now has to be spent dealing with another stupid issue. Make the
>motion (Valley case) just to mess with them?
>
>
I have a similar problem. Confirmed chapter 13, about one year. Client fell two months behind in mortgage payments. She tried to make a payment recently by phone, as she always does, but this last time it was declined. She was told, wait for it, that "your attorney had been contacted" and that they could accept no more payments and that the bank was going to court. Obviously a stay relief motion is in the wind.
So if a client falls behind is it right for them to stop accepting payments when the client falls behind? I rarely see this?
Steve Burton
From: Dennis <easky1@yahoo.com>To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>Sent: Sun, May 8, 2011 9:38:00 AM
The post was migrated from Yahoo.
Just insanity. But it is also contempt. Order confirming plan is a new contract with insane bank. They must accept payments. You know, if there is a proof of claim from a lawfirm, you might be able to fix this with a letter demanding the bank cease its contemptuous activity.
Sent from my iPhone
On May 8, 2011, at 9:01 AM, "Kenneth Schwartz" wrote:
> Clients are about 7 months into a confirmed Chapter 13 Plan. They have been making their post-confirmation mortgage payments directly at their local branch with no problems. Yesterday they received back their April payment, which was timely tendered, uncashed, with a handwritten note that the local branch cannot handle their payments. Meanwhile, I am sure that the April payment is now considered delinquent. Aside from being plain dumb, I fell that this is a violation of the law, at least in spirit, and am toying with the idea of waking the bank up with some sort of motion for sabotaging the Chapter 13. Probably just my early morning crankiness, bur heck, here the clients are doing their best, and the bank keeps placing silly roadblocks in the way, not to mention that my time now has to be spent dealing with another stupid issue. Make the motion (Valley case) just to mess with them?
>
>
Just insanity. But it is also contempt. Order confirming plan is a new contract with insane bank. They must accept payments. You know, if there is a proof of claim from a lawfirm, you might be able to fix this with a letter demanding the bank cease its contemptuous activity.Sent from my iPhoneOn May 8, 2011, at 9:01 AM, "Kenneth Schwartz" <kennethjschwartz@yahoo.com> wrote:
Clients are about 7 months into a confirmed Chapter 13 Plan. They have been making their post-confirmation mortgage payments directly at their local branch with no problems. Yesterday they received back their April payment, which was timely tendered, uncashed, with a handwritten note that the local branch cannot handle their payments. Meanwhile, I am sure that the April payment is now considered delinquent. Aside from being plain dumb, I fell that this is a violation of the law, at least in spirit, and am toying with the idea of waking the bank up with some sort of motion for sabotaging the Chapter 13. Probably just my early morning crankiness, bur heck, here the clients are doing their best, and the bank keeps placing silly roadblocks in the way, not to mention that my time now has to be spent dealing with another stupid issue. Make the motion (Valley case) just to mess with them?
The post was migrated from Yahoo.
Clients are about 7 months into a confirmed Chapter 13 Plan. They have been making their post-confirmation mortgage payments directly at their local branch with no problems. Yesterday they received back their April payment, which was timely tendered, uncashed, with a handwritten note that the local branch cannot handle their payments. Meanwhile, I am sure that the April payment is now considered delinquent. Aside from being plain dumb, I fell that this is a violation of the law, at least in spirit, and am toying with the idea of waking the bank up with some sort of motion for sabotaging the Chapter 13. Probably just my early morning crankiness, bur heck, here the clients are doing their best, and the bank keeps placing silly roadblocks in the way, not to mention that my time now has to be spent dealing with another stupid issue. Make the motion (Valley case) just to mess with them?
The post was migrated from Yahoo.