top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Paid all our required Payments but still not DISCHARGED!

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Paid all our required Payments but still not DISCHARGED!



    Ok I am looking for some advice or opinions. We entered into our Ch. 13 in 2004. As of October 2008 all of our required payments were met. However, they were still continuing to take the monthly payments out of DH's check. We were able to get them reduced to cover the mortgage. The trustee are in a hold up over hearing from the mortgage company to have them clarify that yes the mortgage is current or no it's not.

    Here is my problem with this......From Jan. 05 to June 06 no payments were disbursed to our mortgage company. The trustee's office had sent some paperwork to the mortgage company and they never responded, so no payments were disbursed. Til I called to inquire about our payoff bc I was curious, found out we owed more now than what the house was worth...lol. Anyway, I had to call the Trustee and ask them why etc. After the call they disbursed the payments in one lump sum and have since made monthly payments. The trustee sent a letter to the mortgage company stating they had to respond back in May 2008 & October 2008, no response, then they realize they sent it to the wrong address. So they resend in Feb 2009 saying they have to respond by March 16. Mortgage company didn't respond. When I called to check they said they weren't sure if they would have to send another letter or file the motion with the court to deem the mortgage current.


    What do I do...We are working on 7 months from when this was suppose to be over. When they do get around to filing with the court its going to be another 3-4 months I was told. Is this normal for a discharge to drag on this long?

    #2
    So what in the he** is your lawyer doing about this??? Get him/her working with the trustee and your mortgage company immediately! An ominous letter threatening legal action sent on legal letterhead always gets a mortgage company's attention. Get your lawyer dealing with this situation TODAY!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Wow. So in these situations ... they refund all the extra payments right?????

      Comment

      bottom Ad Widget

      Collapse
      Working...
      X