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Chapter 13/defaulted on payment schedule

Posted by JC/La Quinta on June 28, 2003 at 4:51 PM

One of the Jr. Bene's in our inventory filed chapter 13 a year ago. 2nd T. D. is current but debtor struggles with payments. Recently we inquired on the status of the 1st and they advised that the debtor was behind three months. We call every month and get a different answer, but this time a senior supervisor jumped into the conversation with me.
We brought the 1st T. D. current a year and a half ago prior to T. D. Sale. Then debtor filed a chapter 13. We are being paid out our initial advance to the 1st T. D. through the repayment plan through the chapter 13, no interest, payroll deductions. The balance is around 8K. What are the courts going to do when they find out she is behind 3 months. How can we get into first place on foreclosure even though debtor is current with our 2nd T. D. payments?




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