Mortgage violation. ????

[mavric]

Is it a violation for a mortgage co to use post-petition payments to per-petition arrears? What this has done is make ever payment late, and adding late fee's .
We have made every post-petition on time ,never late. At this time we have over $3500 in late fees added to my mortgage.
It's has been a 42 month rolling late. .

[despritfreya]

If you are referring to the monthly "billing" statement you are getting you should probably disregard it. Lenders/servicers are not set up to send statements that reflect Chapter 13 post petition billing. The statements typically reflect what is "contractually" due. If you made/make your payments on time every month, once all pre petition arrears are paid the account should reflect a current status. You can verify this by contacting the bk department of the lender. Pull the lender's proof of claim for the phone number.

If you have an attny, discuss this matter with him/her.

Des.