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Post-pet, preconf. mortgage payments
charset="windows-1251"
Consider objection to claim - if loan docs DO NOT PROVIDE for impound, or
impound is conditional in loan docs and conditions have NOT BEEN TRIGGERED,
then lender must back off. Cannot unilaterally change terms of the deal.
Too much bk law, not enough basic contracts law. Consider joining otc with
cause of action for acctg. Hmmmm, loan contract provides for attorney fees,
so perhaps you can ask for atty fees as well under CA law?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
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#1: Fully amortized loan payment only. Any pre-petition arrears of taxes
or insurance is included in the plan. If the creditor wants to pursue an
impound for future (post-petition) taxes and insurance then they must file a RFS.
In the context of a RFS motion, the creditor will have to explain the
impound and why the impound is at the amount they are requesting.
Keith HIgginbotham
In a message dated 3/4/2008 10:50:36 A.M. Pacific Standard Time,
mitnicklaw@aol.com writes:
Debtors' mortgage payments are fully-amortized. The lender, after inception
of the loan, added an impound for payment of property taxes. Lender cannot
(or will not) explain why the impound amount is twice the monthly amount of
property taxes.
The amount debtors are required to pay to lender each month post-petition,
pre-conf. is:
1. Fully amortized loan payment only ?
2. Fully amortized loan payment + property taxes/12 ?
3. Fully amortized loan payment + (apparently excessive) impound amount ?
____________________________________
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The Law Offices of Keith Alan Higginbotham
255 South Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
213.620.0176
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#1: Fully amortized loan payment only. Any pre-petition
arrears of taxes or insurance is included in the plan. If the creditor
wants to pursue an impound for future (post-petition) taxes and insurance then
they must file a RFS. In the context of a RFS motion, the creditor will
have to explain the impound and why the impound is at the amount they are
requesting.
Keith HIgginbotham
In a message dated 3/4/2008 10:50:36 A.M. Pacific Standard Time,
mitnicklaw@aol.com writes:
The post was migrated from Yahoo.
Debtors' mortgage payments are fully-amortized. The lender, after inception
of the loan, added an impound for payment of property taxes. Lender cannot
(or will not) explain why the impound amount is twice the monthly amount of
property taxes.
The amount debtors are required to pay to lender each month post-petition,
pre-conf. is:
1. Fully amortized loan payment only ?
2. Fully amortized loan payment + property taxes/12 ?
3. Fully amortized loan payment + (apparently excessive) impound amount ?
**************It's Tax Time! Get tips, forms, and advice on AOL Money &
Finance. (http://money.aol.com/tax?NCIDlprf00030000000001)
Debtors' mortgage payments are fully-amortized. The lender, after
inception of the loan, added an impound for payment of property
taxes. Lender cannot (or will not) explain why the impound amount is twice
the monthly amount of property taxes.
The amount debtors are required to pay to lender each monthpost-petition, pre-conf. is:
1. Fully amortized loan payment only ?
2. Fully amortized loan payment + property taxes/12
?
3. Fully amortized loan payment + (apparently
excessive) impound amount ?
It's Tax Time! Get tips, forms and advice on AOL Money & Finance.
The post was migrated from Yahoo.