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    #1

    Mortgage Servicer

    Ia there any remedy against a mortgage servicer that has provided an incorrect notice of payment change to the 13 trustee and refuses to complete/provide a new notice after an updated escrow analysis?

    I've made multiple calls and request to the bank and basically I'm getting a run around.

    Because of the incorrect notice my trustee as filed a motion to cancel my 13 due to insufficent means to complete the plan. My attorney has filed a motion to delay that hearing while we wait.

    Any thoughts or advice would be appreciated. Thanks.
    Tags: None
    #2
    Sounds like you are in a tough spot. Your lawyer has taken care of getting the trustee to delay for now - that's a good thing.

    Can your lawyer get your mortgage servicer off the dime with a sternly worded letter on his/her office letterhead or better yet, a threat of legal action?
    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

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      #3
      Originally posted by wanuvas View Post
      Ia there any remedy against a mortgage servicer that has provided an incorrect notice of payment change to the 13 trustee and refuses to complete/provide a new notice after an updated escrow analysis?

      I've made multiple calls and request to the bank and basically I'm getting a run around.

      Because of the incorrect notice my trustee as filed a motion to cancel my 13 due to insufficent means to complete the plan. My attorney has filed a motion to delay that hearing while we wait.

      Any thoughts or advice would be appreciated. Thanks.

      I get the feeling your mortgage servicer is asking for a higher payment even though an updated escrow analysis came up with lower figures, is this right?
      Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

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        #4
        I told my mortgage company to small claims court because they were not crediting my account properly. I won. The mortgage company's records are a disaster and even the judged made a statement to that effect.
        Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

        Comment

          #5
          The payment increased which was fine... however it should have went up about $35 a month and their paperwork showed almost $200 because they didn't apply a lump sum overage payment we had sent.

          Does that change anything?

          Comment

            #6
            The small claims route is one way to go... however ultimately I'm interested in either resolving this or having the mortgager removed from the plan. Intentionally or not they have submitted a false document to the trustee. They have acknowledged the error but are not working to fix it in a timely manner while increasing my legal bills in the process.

            Comment

              #7
              I would document everything and send to your lawyer as a letter. (or better yet email).
              If your lawyer is as lazy as mine is, he will forward it to the trustee to resolve the matter.
              filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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