trustee payment on past due mortgage

[talquin390]

My Ch. 13 was confirmed 2+ years ago in Florida; I have 1+ years to go. I am paying $495 a month on a mortgage, with the past due amount of $9,000 in the plan paid by the trustee. I had assumed that after my 13 was confirmed, that my monthly mortgage payment would essentially be treated as "current" and that the past due amount would be paid separately through the plan. But what's happening is that the mortgage holder is crediting all payments (the trustee's and mine) as applying to my overall account. The result is that I'm making no progress on the principle and I'm still considered past due with late fees and interest continuing to accrue. At this rate, when my 13 is dismissed, I'll still be considered behind on the payments because my monthly payment and the trustee's monthly payment is not even putting a dent in what I owe. Is the mortgage holder allowed to do this this way? Any help would be appreciated.

[Granny]

Who has your mortgage?

[lrprn]

Also have you let your lawyer know what's going on? He/she can work with the trustee to sort out what your mortgage lender is up to. If the lender is taking advantage of the situation and charging you late fees and penalties when the payments are not late or applying too much of the payments to interest with not enough to principal, that can be stopped in court.

Have you asked your lender for an accounting of your loan payments since you filed?