From Mortgage Lenders
I received a Motion for Order Allowing Secured Proof Of Claim To Be Filed Out Of Time From my mortgage lender?
I have received these documents in the mail from a lawyer. I honestly do know what it means! I filed bankruptcy last year but I didnt file againt my mortgage lender because I have never missed a payment or been late. They did transfer me to the bankruptcy department of my mortgage company and I have been making all my payments on time. Could anyone please explain any of this to me!!??
You cannot “elect” NOT to “file against [your] mortgage lender” when you file bankruptcy. You are required by law to list ALL debts and ALL assets. You can’t leave any out.
Your mortgage lender probably checks your credit reports periodically and found out that you filed bankruptcy. Your mortgage lender knows that you aren’t allowed to leave them off the bankruptcy schedules. They are requesting to file a (routine) proof of claim in your bankruptcy case, which they would have filed timely if they’d received notice of your bankruptcy (which they were entitled to receive). You are lucky they aren’t asking to have you prosecuted for bankruptcy fraud.
Additional Info:
I must be confused about what you mean when you say, “I didnt file againt my mortgage lender.” You don’t “file against” ANY particular creditor. You either file bankruptcy or you don’t. ALL creditors MUST be included in your schedules and ALL assets MUST be included in your schedules. If you did this, meaning the house appeared on schedules A and C and the mortgage appeared on Schedule D and the mortgage holder appeared on the creditor matrix, then file an objection to the creditor’s Motion.
