Posted by: admin in credit repair for chapter 13 on
betzyann asked:
my mortgage company sent me a notice in Dec. of 2005 saying we were two payments ahead even though we are in a chapter 13 bankruptcy. I questioned this and they sent me a payment history showing we were ahead two payments on our post petition payments. We indeed skipped the next two payments. Then almost 2 years later we get a notice that we are behind and they are going to start foreclosure. They discovered that those “extra” payments were suppossed to go on pre-petition arearages, not post-petition payments, and moved them, making our payments past due. They stopped taking our payments and even returned two payments we had already sent. We have arranged a repayment schedule with them but now the back payments and attorneys fees are about $16,000. ! Not to mention that our credit and payment history is screwed up again! Is there anything we can do about THEIR ***** up? At least something to help repair our credit?
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my mortgage company sent me a notice in Dec. of 2005 saying we were two payments ahead even though we are in a chapter 13 bankruptcy. I questioned this and they sent me a payment history showing we were ahead two payments on our post petition payments. We indeed skipped the next two payments. Then almost 2 years later we get a notice that we are behind and they are going to start foreclosure. They discovered that those “extra” payments were suppossed to go on pre-petition arearages, not post-petition payments, and moved them, making our payments past due. They stopped taking our payments and even returned two payments we had already sent. We have arranged a repayment schedule with them but now the back payments and attorneys fees are about $16,000. ! Not to mention that our credit and payment history is screwed up again! Is there anything we can do about THEIR ***** up? At least something to help repair our credit?
You admitted not paying them for 2 months even though you were in the middle of a bankruptcy. How is this their mistake?
I would contact an attorney regarding the returned payments. It is my understanding that a lender cannot refuse payments unless the foreclosure process has already begun.