Do you have a grace period when paying your monthly mortgage if you did not reaffirm during chapter 7? 11 Answers as of January 23, 2014

I had filed bankruptcy (chapter 7) a few years ago and it was discharged already. I don't ever want to leave/lose my home. I didn't reaffirm my mortgage (apparently) and we are currently always about 16-25 days late on paying the mortgage payment but never 30 days late-EVER. Our loan was with Bank of America but recently got sold to Green Tree - BofA never harassed me before when making my late payments(I thought I had a grace period which was the 16th day. My mortgage is always due 1st day of month currently) but since Green Tree took over they start calling me by the 8th day, give or take. Green Tree is telling me that since I didn't reaffirm my mortgage, there is a stipulation that I CANNOT pay late even by a day. I need to know if this is true. I'm ready to call my bankruptcy lawyer to ask him this also. As of today, I'm paying this month's payment(Jan 2014) on the 24th. I know I will be getting a late fee of $64ish every month I pay late but can they put me or start foreclosure threats or paperwork if I keep staying late- just about 3wks late every month. HELP!

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Kirby G. Moss PC | Kirby G. Moss
I have never heard of such a requirement simply due to not reaffirming. A new lender may call sooner than another though.
Answer Applies to: Indiana
Replied: 1/23/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
If your original loan had a grace periodusually 15 daysand your payment is made within that time, the new lender should not be able to take any action against you. However, if pay after that grace period, the lender does have a right to start foreclosure action. Unless you signed a new loan agreement with Greentree, it cannot change the terms of your original loan agreement without your written consent. You should pay on time or within the grace period 16 to 25 days after the due date is outside the grace period and exposes you to potential foreclosure.
Answer Applies to: Arkansas
Replied: 1/22/2014
Hoang & Tran PLLC | Adam Tran
You have a lot of questions here. The best thing you can do is to talk to the bankruptcy attorney that handled your case. Good luck.
Answer Applies to: Texas
Replied: 1/22/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Simply put, Green Tree is lying to you. First, look at you note. The grace period is in there. Second if they are calling you before the grace period is over you can see a lawyer about unfair debt collection practices. Log all calls and what they. Do not record them, just write it down. It takes 110 days to foreclose in California, so do not worry about that.
Answer Applies to: California
Replied: 1/22/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Your contract controls. You'll have to locate it and review it.
Answer Applies to: Nevada
Replied: 1/22/2014
    Elkington Law
    Elkington Law | Sally Elkington
    The contract you had before you filed bankruptcy is still the same contract you have now with your lender. You're not required to reaffirm a mortgage in a bankruptcy. But, if your contract says your payment is due on the first of the month and it's due on the first of the month. If your contract then says you have until the 16th of the month before a late charge is imposed then you have until the 16th of the month until a late charge is imposed. But, paying after the first is paying late. It just doesn't impose a late charge. You should try very hard, now that you filed bankruptcy, to make your mortgage payment on time so as to not have any complications with your mortgage company.
    Answer Applies to: California
    Replied: 1/22/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    The contractual grace period applies. You can ask your attorney about how to handle GT, including a potential modification to get you caught up, or pay extra each month so you can invest that $64.
    Answer Applies to: South Carolina
    Replied: 1/21/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If you pay the late fees with your late payments then you are probably okay. There is a misunderstanding, though, about payment due dates. The fact that a late fee is not imposed until the 16th of the month does NOT mean that the payment isn't still due on the 1st of the month. Not does it mean that you are not late with the payment as early as the 2nd of the month. You would be doing yourself a big favor and saving yourself a significant sum o money if you can find a way to shift your payments so that you are paying ahead rather than behind each month. If you are not including your late fees with your payments then eventually your fees will accumulate to be a large enough amount so that the lender may be toyed to begin foreclosure proceedings. This would be especially true if there is equity in the property.
    Answer Applies to: Colorado
    Replied: 1/21/2014
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Nothing in the terms of your mtge (like the due date) has changed.
    Answer Applies to: New York
    Replied: 1/21/2014
    Law Office of Mark B. French
    Law Office of Mark B. French | Mark B. French
    You should consult with your lawyer concerning your particular circumstances. In general, whether you reaffirm or not has no bearing on when your payment is due. You indicate that your payment is due on the first of the month. If you want to keep the house then you need to change your payment patterns so that you can make the payments in a timely manner. I have seen a number of cases where BOA has sold loans (or at least the servicing) to Greentree. It sounds like Greentree is just more aggressive about late payments than BOA was. While you should be able to keep your house as long as you can make the payments, those late fees are very expensive and you should try to avoid paying them if money is already tight.
    Answer Applies to: Texas
    Replied: 1/21/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    They will not start foreclosure until you are 6 months behind but they will keep adding penalties and interest to your balance.
    Answer Applies to: New York
    Replied: 1/21/2014
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