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  1. #1
    Join Date
    Mar 2012
    Location
    Midlothian, TX
    Posts
    1

    Default Am I Legally Obligated to Pay Mortgage Increase While Under Chapter 13

    My question involves bankruptcy in the state of: Texas
    I received notice that my mortgage payment is going up due to escrow costs. I am to begin paying the increase next month. Am I legally obligated to pay the new amount if I have not received an order from the court? What protection do I have?

  2. #2
    Join Date
    Sep 2010
    Posts
    347

    Default Re: Am I Legally Obligated to Pay Mortgage Increase While Under Chapter 13

    1. I am assuming you are in a Chapter 13.

    2. I am assuming your Plan states that you are keeping the home and that you will make your mortgage payments.

    3. If you want to keep your home you MUST pay what is due. If your mortgage payment includes impounds for taxes and/or insurance you are contractually obligated to make the required adjustments.

    4. Some jurisdictions require the post petition mortgage payments to made through the Plan (by the Trustee). Other jurisdictions allow the debtor to make direct payments to the lender. If mortgage payments are paid through your Trustee and you DO NOT have an attorney, contact the Trustee to ensure that once you start making the higher amount he/or she begins sending the higher amount to the lender. If mortgage payments are made through the Trustee and you DO have an attorney, contact your attorney for assistance in making sure the Trustee does his/her job. If mortgage payments are made directly by you then make the adjustment on your own.

    5. Just remember, failure to make timely payments will result in the filing of a Motion to Lift the Stay and the eventual loss of the home.

    Des.

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