Problems with Wells Fargo Home Mortgage

[brtb]

Ever since we filed for Ch. 13 when I pay online the payment is shows up as "Unapplied". They take the payment out of my checking account in one business day. The problem comes with WF "applying" the payment to our account. It just sits in a suspense account. There is no fee for us to pay online either.

Chicago - I will definitely check in them charging a $20 fee while we're in bk. I did mention that to our attorney, but he didn't even say anything about it.

[toojerm]

They can still charge the phone fee in ch13. Citimortgage did that to me until they sold the loan. Pnadora, what is the point of scaring with the "they can lift the stay" comment? First of all, the have to file a motion that gets approved by the court. Secondly, the last thing these banks want right now is more bank owned property, they're certainly not going to forclose after a couple of months. Third, when I relocated and considered letting my house go, the attorney said to just stop paying, and it wasn't worth modifying the plan. In a nonrecourse state, they could forclose and take possession, but could not sue for the deficiency. Also, he said the plan, which is 100% would be unaffected, other than they took their house. I pay the mortgage outside of the plan. The truth is, this BK law lets these lenders make it inconvenient in every way to make payments, see balances, or know if funds paid are actually applied. They should have built in protection from all of the external B.S. fees and inconveniences, since we already pay a grip to the trustee, lawyer, and the court.

[catleg]

I've found that the Wells Fargo phone reps have the authority to lower the fee to $10 on their own, and can occasionally waive it down to $0 with a supervisor's permission.

[Pandora]

TPnadora, what is the point of scaring with the "they can lift the stay" comment?

Not trying to scare anyone - the point was is that they can do it, period. I understand what you're saying in your "first, second, third" approach, but bottom line is the banks can do it, and succeed in doing so. Filing paperwork isn't a big issue in the bigger picture to a lender. While you pay your mortgage outside of the plan, technically it is IN your Ch. 13 plan - and to default can dismiss your Ch. 13 entirely - unless you're planning on modifying to surrender. However just to stop paying or falling behind in your mortgage payments (or even paying late, such as the case to the OP) - it can result in a dismissal. I dont think i ever stated anything regarding being sued for deficiency.

I agree - the laws allow the lenders to pretty much do as they please...it's pretty sad when we TRY to pay back what we borrowed yet the lenders refuse to work with us due to how things were worded (such as HAMP - "more of a guideline...")