Mortgage arrears - Still confused

[em96]

I hope someone can help me understand how my mortgage arrears are being paid. I have previously posted about this months ago. On the 13datacenter.com website, I can track my monthly payments to my trustee. It shows that I've paid $22,800 toward my mortgage arrears. It also shows my regular monthly mortgage payments. These are listed as 2 separate accounts. On the pacer.gov site under the mortgage company's proof of claim, there is an amount of claim showing $163,516. I guess this is what I owe on my mortgage plus my arrears. Then there is an amount of arrearage and other charges showing $21,404. If I owed them $21,404 then why am I still paying into that account? Shouldn't my trustee have started paying into my other debts? I tried talking to my lawyer, but he tells me I'm just confused because there are 2 accounts for my mortgage lender. One is for arrears and the other is for regular monthly mortgage payments. I tried asking the trustee's office, but they tell me to talk to my lawyer. The way I'm seeing it, I have paid off one of my debts and the trustee should start paying on the next. I'm sorry, but I just don't know what I'm missing here. Maybe someone can shed some light on this for me. I'm very frustrated that no one can have a little patience with me. Thanks for listening.

[spidge]

Enron math.

I'm confused on mine too, but I would think since there are guidelines in BK that must be followed it will work out. It should not cause my CH13 payment to change anyway. I am willing to bet the trustee will catch it and demand the refund then redirect those funds to other claims.

[LadyInTheRed]

Yeah, it will all get worked out in the end when the trustee does the final audit after you make your last payment, if not before.

[BNKRPTinNC]

Yeah, it will all get worked out in the end when the trustee does the final audit after you make your last payment, if not before.

Is the debtor held liable for an error by the trustee? Would it hold up the discharge? I, too, have both being paid in my plan but 13datacenter shows the amount of arrears claimed, what has been paid and monthly installment which falls in line to be paid in full at the end of 60 months. Mortgage shows as an ongoing debt with the amount paid, so far, during the plan. Have never looked at Pacer, should I?

[em96]

Thanks for the replies. Are you guys saying I shouldn't worry about because it will all get sorted out in the end? It doesn't make me feel any better if thats the case. I would have expected my payments to be handled more carefully. And why wouldn't my mortgage lender, Chase, step in and say they were overpayed? Lol, I just realized how funny that sounds. Chase doing the right thing.

[spidge]

Would it be inappropriate to print the data13 info showing the over payment and send it with the trustee payment?

[hmchem]

I had a problem with my mortgage where I payed off the pre-petition arrearage however GMAC continued to show me having a past due amount. After about a year I figured out the trustee wasn't paying the escrow amount each month and my account showed about a 15K balance. I spoke with my lawyer and they confirmed that the trustee had been approved to pay the full amount and got things straightened out with the trustee. Once the trustee started making the correct payment, I had to go back to my lawyer again after several months and have them check on the balance I still owed. In order for the trustee to be able to start paying down the new arrearage they had to wait for GMAC to file a post petition arrearage with the court. I am now two months away from having that paid down and about one year from being done with my CH13.

I was advised that in the end the audit would catch everything and make it all square. I figure I am the one on the hook even if the trustee screws it up and I wasn't willing to gamble that they would get it right. I would keep calling the lawyer to get something done. I don't think I sent them my data13 information, but I did send them a list of all payments made to GMAC and a couple of monthly statements showing the balance and payment amounts. I assume depending on who your mortgage company is you can get information from them online. Sending them any information to prove your concern couldn't hurt.