HSBC (NATURALLY) misapplied post petition mort payment...

[IamOld]

Well guys, some of you know that I mentioned that HSBC is reporting on my credit that the mort is 90 days late - don't care about the credit report BUT I thought it was a symptom of something worse...

Well...I phoned in the payment today for July, and the guy says oh - you're making the payment for May...they show that I did not make my FIRST post petition payment. I said no - BK was filed on 4/21/11 - and I sent first payment and they received and cashed it on 4/28/11.

So I told this to the guy - he looked and looked, and he said aha - there is an "unapplied" payment "out there" - yep, the 4/28/11 payment for May 2011.

Unreal. So I email the whole story BOTH paralegals, and I told them just in case HSBC tries to lift stay argueing I didn't make payments. I have check, conf #'s, etc etc to prove payment, and my huge note ON the check for the May 2011 payment that says FIRST POST PETITION PAYMENT FOR MAY 2011.

Wonderful. Of course right before the long weekend.

Somehow I don't think the guy on the phone - as nice as he was - can fix this ... he said it has to go to the appropriate department to be fixed. At least he saw on the screen when the BK was filed, when payment was received, and realized what happened.

Sheesh. Paralegal #2 just emailed me and she said make sure we keep good records, as the burden of proof of payment is on us...

SO - you see guys - I am RIGHT to be extra paranoid...the thing with the credit report is that it indicated that something was amiss!!!!

May I ask the experts - bottom line - IF HSBC ever moves to lift stay, and I can show the post-petition payments made and cleared - may I presume I'm ok and lift of stay would be denied????

[newbie2]

Of course the motion to lift the stay would be denied. You have proof you made the payment.

[IamOld]

Of course the motion to lift the stay would be denied. You have proof you made the payment.

THANK YOU!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Newbie...my sanity (what's left of it) owes you bigtime.

See...this is why my spouse thinks I'm crazy - because I trust nothing...

[catleg]

Typical bank bullshit. I was paying my mortgage a month ahead for a little while then all of a sudden I noticed the due date crept back a month on me.
It turns out the bank (WFC) had applied one of my "extra" payments to principal. So I called them up and the phone person got "special services" to fix the mistake. <sarcasm on> Like, yeah, sure I would be sending in extra money to pay down principal on a house that's likely underwater.<sarcasm off>
I'm sure they try this all the time, though.

[IamOld]

Typical bank bullshit. I was paying my mortgage a month ahead for a little while then all of a sudden I noticed the due date crept back a month on me.
It turns out the bank (WFC) had applied one of my "extra" payments to principal. So I called them up and the phone person got "special services" to fix the mistake. <sarcasm on> Like, yeah, sure I would be sending in extra money to pay down principal on a house that's likely underwater.<sarcasm off>
I'm sure they try this all the time, though.

Thank you Catleg!!!

I agree Catleg...that is why I laid it all out for the paralegals/atty, so it's on paper for them, and so that I documented the conversation as soon as it happened.

Like I said "above" and to the phone guy - the claim was put in quite properly....

It's just that this is where we live and would like to continue to live, and it's unnerving.

For whatever it's worth, Crap One and Chase have not (yet) been playing any games with the car payments!