Need a professional Opinion.

[steve2008]

Gracious greetings to you Bankruptcy Forum.

Steven from Louisiana.

Me and my wife filed Bankruptcy Chapter 13 on April 12th 2006.Our home and property was included.Our mortgage is under a predatory servicer called Litton Loan out of Houston Texas owned by Larry Litton.4828 Loop Central DR.Houston TX 77081-2166.

Our Bankruptcy term is for 48 months.The 4/3/08 will be our 24th payment meaning we are 1/2 way there.The note must be received by the 12th of every month so we are early every month on sending our payments to the state of Tenn from Louisiana.

When me and my wife filed BR Ch 13 Litton Loan as a rule of the court was not to contact us by phone or mail.Litton Loan has sent a statement to us month after month since our bankruptcy.The Bankruptcy Court has sent us one Trustee`s Periodic Report To us as the Debtors back on 6/6/07.

The report said then claim amount $24,309.88/Percent to be paid 100%/Balance owed $17,860.32.Is this a literal amount?Litton Loan does not think so.

Litton Loans statement to us sent out on 3/24/08 says *Principle Balance $22,775.12/Escrow Balance $1,094.92/Suspence Balance $192.95.*This Is Not A Payoff balance.Interest Rate 11.6250%

As of Litton Loan monthly statement on 2/21/07 11months ago states *Principle Balance $25,224.26/Escrow Balance minus $82.10/Suspence Balance $211.13 *This Is Not A Payoff balance.Interest Rate 11.6250%

Litton Loan has been getting $496.12 payed by the bankruptcy trustee for will be 24 months April 12th 24 x $496.12 = $11,906.88 payed to Litton Loan on $24,309.88 Claim amount.

Is there something im missing here?The Court says a balance of one thing Litton Loan another and numbers dont lie which I have figured unless they are not literal figures.Litton Loan is clearly not applying the $496.12 properly to the balance owed determined by our Bankruptcy Lawyer.

Litton Loan in my book has violated the BR Courts Rule by sending statements in my mail box monthly.The Court report says I am paying 100% of the claims amount and I take that as a literal 100% that I should be discharged from and debt free when I pay my last $668.00 a month Bankruptcy note which Litton Loan gets $496.12 monthly from.

What can or should I do or am I in the wrong for thinking the Court Rules are literal?

If the Bankruptcy Lawyer and Court confirmed $24,309.88/Percent to be paid 100%/Balance owed $17,860.32.Is this a literal amount?

If me and my wife continues until a discharge as ordered of paying 100% of the claim should not we be free of our mortgage debt as others included in the Bankruptcy?

Thank you for your help.
Steven/Louisiana.

[rrockinggramma]

Hopefully your attorney can clarify all of this for you. But I do believe that mortgage lenders such as yours do this all time to their clients. You are continuing to pay your mortgage monthly as well as your trustee payment? Or was your entire mortgage balance put into your BK and the trustee is making your monthly mortgage payment? I believe the difference is coming from adding on of additonal penalties and fees. So you need your attorney to get this cleared up before your discharge. Have you considered refinancing with FHA?

[steve2008]

rrockinggramma

Hopefully your attorney can clarify all of this for you. But I do believe that mortgage lenders such as yours do this all time to their clients. You are continuing to pay your mortgage monthly as well as your trustee payment? Or was your entire mortgage balance put into your BK and the trustee is making your monthly mortgage payment? I believe the difference is coming from adding on of additonal penalties and fees. So you need your attorney to get this cleared up before your discharge. Have you considered refinancing with FHA?

Steven comments:

Our entire mortgage balance was put into our bankruptcy.We send the trustee $668.00 a month and then the trustee sends the mortgage servicer Litton Loan $496.12 a month out of the $668.00.

Litton Loan cannot charge us late fees ect with our mortgage being in a chapter 13 nor interest.This is a very serious violation on there part if they are doing so it would seem.

Litton Loan is a predatory mortgage servicer that has illegally added forced insurance to peoples mortgages as also not posting peoples payments on time to make them look late on paying their mortgages and then they add late fees until your note is so high you can`t pay them enough or get caught up on their bogus fees ect.Then they threaten if you dont pay them a certain amount with forecloser.Sometimes people are forced into Bankruptcy to save their homes when they can`t pay the predators bogus late fees.

Most Companies that hold or collect peoples mortgage payments are registered in that communities Court House which I dont find Litton Loan on nothing in my local Court House pertaining to my property.

Thanks for any and all opinions.

Steven.

[rrockinggramma]

I would be a bulldog with this then to avoid issues after discharge. I would definitely be in contact with your attorney to get this figured out now. good luck

[steve2008]

Yes 9 months ago the statement we received from the Bankruptcy Court said we owed Balance owed $17,860.32 and this was on the 6/6/07.

Litton Loan statement says as of 3/24/08/ $22,775.12.

If 9 months ago the bankruptcy statement says a balance owed of $17,860.32 we can subtract $496.12 x 9 = $4,465.08 payed since so $17,860.32 - $4,465.08 should leave a balance owed of $13,395.24.So Litton Loan with a figure of $22,775.12 is a difference of $9,379.88 of what the figures are of now.We went chapter 13 to halt Litton Loan from forecloser on our place but I see they are as crooked under a bankruptcy as without a bankruptcy order.We should be getting another report soon from the bankruptcy court and then I will see what their figures are and then see my Lawyer.This crookedness should relieve us of the bondage Litton Loan has caused us.They are crooks and clearly ignore the USA Government and the Bankruptcy system.I keep a clean clear paper trail so if there is a mistake it is either the Bankruptcy Court systems fault or Litton Loan themselves and the evidence points a guilty finger at Litton Loan.How can Litton Loan get away with such crime?

Thanks again.
Steven.

[rrockinggramma]

again, if you have made ontime payments, you might want to find out more about the FHA secure program being offered now and see if you can qualify and get out from underneath their deceptive practices.

[lrprn]

If 9 months ago the bankruptcy statement says a balance owed of $17,860.32 we can subtract $496.12 x 9 = $4,465.08 payed since so $17,860.32 - $4,465.08 should leave a balance owed of $13,395.24.So Litton Loan with a figure of $22,775.12 is a difference of $9,379.88 of what the figures are of now.

Steve, what is the interest rate on your Litton mortgage? Secured loans still accrue interest on the principal even though you are in Ch 13.

If Litton is pulling something funny here (and they could be - there's not enough information here to tell for sure), then you need legal help to force what they are doing into the open and show how it is hurting you. Is your lawyer willing to take them on before your Ch 13 is up?

If your lawyer isn't interested, then you could contact NACA (National Association of Consumer Advocates) at http://www.naca.net/ . Their lawyers probably won't be able to do anything until your Ch 13 is completed, but if Litton is indeed padding your loan illegally, then a NACA attorney often works on contigency and may be interested in your case.