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  1. #1
    Join Date
    Feb 2009
    Location
    Massachusetts
    Posts
    4

    Default Mortgage Company Paid Real Estate Taxes Included in Chapter 13 Plan

    My question involves bankruptcy in the state of: Massachusetts

    I am in Chapter 13 post petition with back real estate taxes included in the plan. I was not escrowing taxes with mortgage company. I received a notice from Indymac that they paid all my deliquent real estate taxes and have set up an escrow account and I will have a new monthly payment which includeds regular monthly payment, tax escrow and a portion as to what was paid on the real estate taxes.

    How can they do that if I'm under bankruptcy protection and the back taxes are part of the plan? Now instead of having the back taxes spread out over the Chapter 13 plan, Indymac said they will adjust my payment so the back taxes are paid within 12 months.

    Thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Mortgage Company Paid Real Estate Taxes Included in Chapter 13 Plan

    Was this during the automatic stay, or after the stay was lifted? I'm assuming your contract with your lender permits this, with the only wrinkle being the bankruptcy - did you check your contract?

    Did you talk to your bankruptcy lawyer about this?

  3. #3
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Mortgage Company Paid Real Estate Taxes Included in Chapter 13 Plan

    Quote Quoting pesaindon
    View Post
    My question involves bankruptcy in the state of: Massachusetts

    I am in Chapter 13 post petition with back real estate taxes included in the plan. I was not escrowing taxes with mortgage company. I received a notice from Indymac that they paid all my deliquent real estate taxes and have set up an escrow account and I will have a new monthly payment which includeds regular monthly payment, tax escrow and a portion as to what was paid on the real estate taxes.

    How can they do that if I'm under bankruptcy protection and the back taxes are part of the plan? Now instead of having the back taxes spread out over the Chapter 13 plan, Indymac said they will adjust my payment so the back taxes are paid within 12 months.

    Thanks
    Well the RE taxes need to be paid. If you lose the home to unpaid taxes then the bank can lose their investment as well.

    IndyMac is now FDIC owned and they have a specific way of handling this type of problem. You can wait until the bank is sold next month and then ask the new servicer to work with you.

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