Plan will be complete this month but I can't get excited....

[kayday]

I posted before about our mortgage company. Mortgage company is showing that after motion to release agreement in 2009 still left us 1 month behind. Then mortgage company took another months payment and put it to attorney fees b/c they referred it for motion to release again. Well I didn't feel that was right. So after many phone calls I finally get my attorney staff to contact our mortgage company and attorney never called me back. So I called her a week and she said she would call again b/c they never called her. Well that was a month ago and no call back. I told her I wasn't going to make a payment until we find out whats going on. She was saying they can't do anything till they file this motion to release. So here we are 5 months behind (2 they say but i disagree with and 3 I owe) and I will be done with paying the plan this month. They still haven't filed this motion to release and it was referred on Oct 7th. What sould I do? I feel if I pay then I lose my 800.00 they shouldn't have took and noone will look into it to see why they say we owe from our last agreement when I know I paid all they required. But now the plan is ending I may not have anyone anyway.

[newbie2]

From the gist of your post it appears that you were responsible for making your mortgage payments, not the trustee. Regardless this is what I would do: When your last trustee payment has been made a notice will be sent to all your creditors. It is the "Trustees notice of completion of plan payments". One paragraph in this notice to all your creditors is this: " If no objection to this Trustees report is timely filed then it will be conclusively determined that... (snipped part of it) 'Debtor is current in all payments Debtor was authorized to make directly to creditors'. "

Here is what happened to us: We never received statements from our 2nd mortgage company through the life of our plan. (The payments were made by the Trustee). After our plan was completed and discharged we received our first statement. It showed we were behind a month in payments AND had ridiculous late fees added on. (They charged a late fee for each month of our 5 year plan.)

After many phone calls trying to get this resolved we had enough of the bs games. I sent a very nice packet to the attention of their "legal department". The cover letter had in bold: RE: Violation of Chapter 13 Discharge. In the packet was a copy of the Notice of completion of plan payments (clearly stating their timeline to object to not getting enough money), a copy of the Discharge, a copy of the Trustees final audit, and a copy of the closing of our case. I also included a history of the payments made to them by the Trustee (you can include a copy of the payments you made directly to the lender) and an Excel spreadsheet showing how they were not only paid everything they were owed, but actually 1 payment more than they were entitled.

I gave them 30 days to correct our account or we were going to be making an appointment to sit down with our attorney to re-open our bankruptcy case. On day 28 we received a corrected statement (all late fees gone, payment history corrected..)

Document, document document. Get all your ducks in a row. Wait and see if they object after they get the "Notice of completion of plan payments". Good luck to you.