Mistake when we filed

[em96]

When we filed our ch13 over a year ago, the amount of the arrears on our house was accidentally listed as more than what we owed. We owed around $15k, but when filing, our paperwork said $29k. I believe the paralegal at our lawyer's office made the mistake. And I'm not sure how we didn't see it. Now it is almost paid off. I called the trustee's office to let them know and they said to call my lawyer. I also told my mortgage lender. They said they would mail me a statement saying what is left on the arrears. My question is what exactly has to be done to correct this? If its something I can do myself, I'd rather not have to pay my lawyer. I still have $40k in credit card debt so I don't want money to keep going to something thats paid off. And I don't really trust my mortgage lender since they tried real hard to foreclose on me while I thought we were working out a modification. This is in Pa. if that matters. Thanks in advance.

[shark66]

Unless you're in a 100% repayment plan, it really won't make much of a difference: you'll be paying what you're paying, but the money will go to the mortgage company instead of unsecured creditors...

Hasn't your bank filed a proof of claim? That should've listed all and any amounts that you owed regarding the mortgage...

One thing I'm certain of: you won't be able to get anywhere without involving your attorney. If the aforementioned mistake was made by his/hers staff, he/she should correct whatever there is without a fee.

My $0.02 only...

Good luck to us all.

[HHM]

The mortgage company, in order to get paid, has to file a proof of claim, the amount listed in the petition is merely the amount that is believed to be owed, before you go hog wild...check the proof of claim actually filed by the mortgage company...that dictates what they get paid.

[em96]

OK, I will check on the proof of claim. Thanks.

[despritfreya]

. . . before you go hog wild...check the proof of claim actually filed by the mortgage company...that dictates what they get paid.

. . . and the Order Confirming the Plan as the Order should have adjusted what was to be paid to match the claim.

Over-estimating IS NOT a mistake or unusual - although I will admit that the amount so over-estimated in your case is high. I always puff up the estimated arrears (unless I have an official reinstatement amount) as it is easier to back out funding then to add it. I am usually a few hundred dollars off and, quite frankly, am always glad that I do puff up the numbers since it is rare for my client to really know what is owed.

Des.

[em96]

Left a message with my lawyer on Friday, but didn't hear back yet. I'll wait till Monday and call back if I don't get a call. I also called my mortgage lender and asked for the proof of claim amount. I was told by 2 different people that they didn't have that info in front of them. Seems like they are giving me the run around. I would think I'd be able to get this info if I ask for it. There is no reason to not tell me this. I've had many problems with them in the past.

[HHM]

To check the proof of claim, create and log into a PACER account

http://www.pacer.gov/

No point in calling the mortgage lender, they will not have the info and won't do anything about it.

[em96]

OK, I registered with pacer. I don't know how to find what I'm looking for, though. I found my case #. But how do I find the proof of claim for my mortgage lender? Anyone know how to use this sight or where I can learn how?

[justbroke]

Once you pull up your case (and your name is at the top of the screen), there will be many links below. Choose the "Claims Register" link by clicking it. Then take the defaults on the next screen by just clicking the "Run Report" button.

Then just look for your lender. Once found, click the "claim" link which will look like "1-1" or "2-1" or something like that. Then you'll need to accept the cost to view the actual claim. It will cost $0.08 per page. (However, if you spend less than $10 in any calendar quarter you won't have to pay it!)

[em96]

Thanks, justbroke. And thanks every for your replies. I found the info I was looking for. ALso heard from my lawyer. He says they will go by what is in the proof of claim and the amounts we filed aren't exact.