“Dear Steve,
We are 2 yrs into a chapter 13. Our mortage lender has filed relief of stay due to post arrears in the amount of $3000. This is a result of an increase to our monthly mortgage payment that we were not aware of. This increase was allegedly in effect when we initially filed chapter 13.
Was the mortgage lender responsible to notify our lawyer or the court of the increase or the correct payment amount when we filed chapter 13? What options do we now have?
Dea”
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The Answer
Dear Dea,
Now that’s an odd and interesting situation.
Was the mortgage company sending you monthly statements that did not show the increase?
Was the trustee not being notified?
Did the mortgage company initially balk at the payment they were to receive?
It seems like you need to go back to your bankruptcy attorney and try to get some answers if this is just an administrative mess or the ball got dropped somewhere along the way and an insufficient payment was originally proposed.
Please post your responses and follow-up messages to me on this in the comments section below.
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