Why?

[chellyalb37]

Hello all,
ok here I go again I am sorry but when I get up set I ramble. Ok I do keep a good record of my transactions. Yes I have over spent. But this one was not my fault this time. So anyway, our 1st mortgage we are on a repayment plan and if we are one second late they will forclose on us. Ok Well we switched banks. Husbands direct deposit got lost between banks. Bank charges us hundreds of dollars in NSF for items that where suppose to clear. So we had NO MONEY to pay mortgage due to the fact that husband did not get paid and when he did the bank took all funds. So we could not pay the mortgage
(you told me to go online and look at our mortgage. No not after chapter 13. Bank block internet, will not talk to us after we filed. They told us to go to our lawyer. would be nice to be able to get that info from off line) So we have been try to fight to save our home for years, laywer will not call us back. What to do? O I know loss our house and still have to pay for it? We can not get in touch with our laywer for help. We get no help from mortgage company's and laywer so where do we go?

[Flamingo]

Your post totally confuses me. Are you able to access your bank account online to view the balance daily to ensure funds are in there when bills or paid? Do you keep a running ledger of ingoing and outgoing funds? I am assuming you are not keeping track of funds going in and out of your account and that is what is creating a big problem for you. As to your mortgage payment, can you also view your account online so you know the amount that the payment will be each month? Mortgage payments fluctuate due to escrows (insurance/taxes) or if you had an ARM that recently increased your payment that could change the amount of the payment; but you should be able to easily get that amount/information.

I am assuming you were overdrawn several times along the line in your account. The first thing you need to do is get your account straightened out by keeping a running ledger of what is going in and out so you have some idea as to the amount that is actually in there when checks clear or other disbursements are made. Your mortgage company can give you a complete print out of payments made and a listing of escrows amounts. You should also be able to view that online in your account.

Once you find out exactly what went wrong here with the mess in your checking account, you can get yourself back on track and get an indication as to what happened and consult with your attorney as to what occurred here so he knows what is going on. You do need, however, to get yourself organized as to your finances so this doesn't continue to happen once you get it straightened out.

Best of luck to you...

[Cali]

I tried to figure out the OP post, but stopped reading because I was totally lost.

I wish you luck in fixing whatever the problem is.

[BigJohn]

Was some of the money taken out of your account used to pay property taxes and home insurance?

[chellyalb37]

Up-date, Do keep good record of accounts.Bank likes there money and has screwed us. Yes I have over spent. ( we all do!) Need help with 1st and 2nd mortgages they will not talk to us No ONLINE services after chapter 13 it was blocked! Mortgage company tell us to go to our laywer when we call. They will not talk to us at all. We can pay our bill That is it. They always ask for the back balance that is in the chapter 13. No help there. We are on a repayment plan with our 1st mortgage and if we a a second late we lose our house.Well we are late. But will have the money next week. It will mess with our monthly budget but, we will have it. Lost and need to know what to do?

[JollyGG]

Okay, I am still having a really hard time with your posts and understanding the situation.

Let me see if I can summarize the situation.

1. Since you are in a chapter 13 your particular bank does not offer online access to your checking account information.

2. There was a payroll error that resulted in your husband’s check not being deposited.

3. Your employer did not let you know that there would be an issue with your check and due to the lack of online access you were unaware that the check was not there until you had written checks with the assumption that the money was in your account.

4. As a result you were overdrawn.

5. Therefore your mortgage did not get paid.

Is the above correct? If so what exactly is the question - what to do about the NSF fees, what to do about the late mortgage, or what exactly?

It appears to me that your main worry is that the house will be foreclosed on due to the late payment. The only advise I can give is to send your lawyer a message explain that due to a payroll error with your husbands employer your mortgage is late. It will be paid on X date. Then get it paid. If the mortgage company hasn't asked for a lift of the automatic stay then they haven't started moving to foreclose just yet. Just do what you can to get it paid as soon as possible and make sure your lawyer is aware of the situation.

[Flamingo]

Up-date, Do keep good record of accounts.Bank likes there money and has screwed us. Yes I have over spent. ( we all do!) Need help with 1st and 2nd mortgages they will not talk to us No ONLINE services after chapter 13 it was blocked! Mortgage company tell us to go to our laywer when we call. They will not talk to us at all. We can pay our bill That is it. They always ask for the back balance that is in the chapter 13. No help there. We are on a repayment plan with our 1st mortgage and if we a a second late we lose our house.Well we are late. But will have the money next week. It will mess with our monthly budget but, we will have it. Lost and need to know what to do?

We would like to help you but your posts continue to be confusing. Banks can't pay money from your account if it is not in there so I am assuming there are problems as to deposited checks clearing your checking account and you are writing checks and paying bills prior to the deposited check(s) clearning resulting in numerous overdrafts and issues. That is not a bank error and they are not "screwing" you because you are the one writing checks on an accounnt with insufficient funds. Watch your checking account daily online; if you don't have access to it, find out why and set up access so you can keep a eye daily on deposits and withdrawals and it will show when the deposited funds are available for use.

It appears your mortgage compoany blocked your online services. Is your first mortgage included in your Chapter 13 plan and paid by your Trustee? Who pays your second mortgage? You or is that part of your Plan?

If you are having communication problems with your mortgage company, have them email a copy of latest statements so you can see what is going on and contact your attorney for an appointment as to what to do so you can get this straightened out. If you allow yourself to become too late due to just financial confusion and/or overspending, that is not the bank's or anyone else's fault but yours and you need to get yourself back on track so you don't end up having your Chapter 13 dismissed.

If you cannot get your attorney directly on the phone, call his paralegal or assistant, explain the situation and ask for an appointment if necessary, but get copies of your statements from your mortgage company cause he will probably want them.

I don't know what else anyone can tell you at this point. Best of luck getting this straightened out!

[arkienurse]

I have been reading back through your previous posts. Whatever you do, don't miss the payment to the trustee. Did you ever figure out if your DH paid the trustee payment last month?
Sounds like you need to rework your expenses. does your grandma live with you? If so, you should be able to modify your expenses to make up for her being with you. Harsh as this sounds, if she doesn't, and you are helping out, you need to quit. I know she is family and you love her, but your own immediate family needs to come first, and it sounds like you are in danger of losing your own home.

The gist I got from reading your original, now deleted post is that for some reason you closed your checking acct at one bank, but they still allowed some checks to go through that hadn't come back yet when you closed it. Then DH's paycheck was put into this supposedly closed acct, rather than the new one. The old bank kept his check to cover all the returned checks and their NSF fees. This then caused all your checks at the new bank to bounce as his check wasn't there and you had already sent them out. So now your mortgage, either the first or 2nd, not clear on that, didn't get paid on time. Is that right?

Man, sounds like you and hubby need to sit down and do some serious budgeting work. Possibly even go to an all cash basis, at least for a few months. If he doesn't have to have direct deposit, get a paper check. Have a list of all the bills that have to be paid out of his check this time, and buy money orders at walmart, they are only a dollar or less, versus 3 dollars at the bank(what mine charges anyway). Then use cash for your gas and groceries.
And for heavens sakes, don't float those checks anymore, no matter how tempting. In this day and age, I often have a check I have written show up in my bank acct the very next day. That leaves no room for error.


If you would like a good budgeting form, go to dave ramsey's website,just Google him. He has several that are free to download. I am sure that others may have other budgeting form websites also.

And were you able to get in contact with your lawyer about asking to skip a payment due to the medical bills not covered by insurance? I know you posted previously that your lawyer said to NEVER contact the trustee, but if your lawyer is a no show, then that really leaves you no choice but to contac the trustee! Just make sure they know you have made multiple attempts to contact lawyer with negative results.

Good luck and don't throw in the towel. Lots of good advice to be had here, but we need some of the details to be able to point you right.

[chellyalb37]

thanks
Sorry I can't get it out of my mouth to the paper correct. Trustee payment that we where worried about is paid in full found out that we have over paid trustee for that last year. So we are good to go there. Yes we have a problem with the Mortgage payment due to payroll mix up. Lawyer don't respond to us so our mortgage company mostly will get our house. 2nd mortgage is HSBC and they want the house too like Wells Fargo both are unwilling to work with us they have been this whole time. That is why we had to file chapter 13 we thought that by paying them and having the bk courts help that we would be able to keep house. Will have the payment for Wells next week. But was due by May 30 @ 5:00pm don't know there time zone is. We are currenly on a repayment schedule with them. Bank problem, yes no longer able to check that account online because it in the process of being closed. I guess I can't get my bank problem out of my head to paper to show the problem. But that has been cleared up week ago. I keep very good records and sitting down to due a budget well we do that all the time every two weeks. We do good and keep to our budget but when we have to pay for emergancy when there is no money there to pay for them. That is hard! SO I guess what we will do is just give up since we can't get any help from our lawyer or mortgage company's that is our issue. I guess we are the only ones that has this problems. Sorry for bugging this board.

[chellyalb37]

also one last thing No mortgages had bounced. I guess that what it sound like. No check floating here. Thanks

[JollyGG]

Check PACER - has there been a motion to lift the automatic stay?

[hughthehand]

Seems to me your main problem is direct deposit. Banks love to fiddle with your money and then steal it with NSF's. The banks don't care if there was any "problems" with your direct deposit. Its just easy money for them. Get rid of the direct deposit. Also, get rid of any automatic drafts. Cash your check, then pay with money orders. You'll have more control of your money that way.

[MajorMike]

You need to slow down and type slower so you have complete sentences. I don't know where one sentence ends and the other begins....as you have hardly any periods, you don't start a new sentence with a capitol letter and hey are run on! Sorry, I can't figure this out~ LOL