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Need more advice about mortgage company (Motion for Relief filed)

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    Need more advice about mortgage company (Motion for Relief filed)

    Okay so a Motion for relief was filed 1/19. After gettting the attorney payment history and a mortgage company payment history I see they are not on the same page at all! Yet I'm going to be the one to pay.

    Aug.09 I had a agreed order and I paid what I was told by the lawyer. I had to make a lump payment and 6 stip payments. Well I did that.

    After I added it up today it was not enough to settle the agreed order amount. I found the order and it doesn't say 6 months it just says until payments are cured. Well I never knew this till now.

    The mortgage company showed me 1 month behind online sense 09 order but told me no I was showing current it was just due to how they post it. That was until Aug 2011 when they reversed our payment and applied a attorney fee (so that made me 2 months behind). There attorney payments history showed us 2 months behind. The attorney history doesn't show this reversed payment so that made them seem on track with each other.

    All this started end of sept (told me motion was filed and really only referred). Oct they said it was reversed so I made payment and then next day it was filed again. When really it was only referred. So I stopped making payments until they fix all this and after many many phone calls to mortgage company and calls trying to get attorney to handle this they finally filed Motion.

    Now according to attorney payment schedule I feel I probably owe the payments they say b/c last order put us behind. But after all this I dont think I should have to pay the 826.00 attorney fee they are charging me with.

    Am I wrong? Should I have done things differently? Do you think they dropped the ball or I did?

    Oh and back in 09 when we had a agreed order it was b/c the mortgage company rep told us we was caught up on our mortgage till April after we paid our jan. payment. We was like okay great! So didn't pay Feb and March and resumed payments in April. Of course no one had record of that. I see now on paper work why the rep may have thought we was paid till April.

    Sorry so long!
    Last edited by lrprn; 02-02-2012, 05:31 PM. Reason: edited to add paragraphs to increase readability

    #2
    Well, you are in quite a pickle! Sorry you are having so much trouble getting your mortgage issues resolved. Sounds like your lawyer and your mortgage company both may have missed the boat several times.

    Since your mortgage company has now filed to lift your stay and repossess the home, the ball is now in your laywer's court to fight back against that motion. However, depending on the agreement you signed when you retained your laywer, your lawyer pushing back against the mortgage company with legal notices, court dates, and other legal documents may cost you extra. You need to talk to your lawyer ASAP to figure out how to best proceed from here and if you do have to pay extra, how much and when you have to pay it.

    If you don't mind sharing, two important pieces of information will be very helpful:
    (1) Do you want to keep the house?
    (2) How much is your house currently worth vs. how much do you owe on the mortgage right now?
    Last edited by lrprn; 02-02-2012, 05:50 PM.
    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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