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bank of america.........what?

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    bank of america.........what?

    Ok so on Saturday we received a paper from BOA that they "sent" to the trustee. It states on it:

    This informational notice is being sent to the following borrowers at the address set forth above in reverence to their chapter 13 bankruptcy case : Insert Our Name here

    A copy of this informational notice is also being sent to the chapter 13 trustee for your bankruptcy case.

    This statement is being sent for information purposes only. It is intended to inform the borrower of the payments due on the borrowers account, any amounts charged to the borrwers account, and the funds applied to the borrwers account during the borrowers chapter 13 bankruptcy case. It should not be construed as an attempt to collect a debt or to modify the terms of the borrowers chapter 13 plan. Note that your chapter 13 bankruptcy plan may provide for the trustee to pay amounts outstanding on your loan as of the date you filed your bankruptcy case or as otherwise provided in your chapter 13 plan. If your bankruptcy case is dismissed, converted to a chapter 7, or the automatic stay is lifted prior to the completion of payments due under your bankruptcy plan, you will remain responsible for these cure amounts to the extent they have not been paid.

    This is not a statement of the amount necessary to pay off your loan.

    Home Loan Summary:
    Home Loan Overview:
    Contractual Unpaid principal balance: $95615.15
    Contractual escrow balance: $5034.70

    Monthly Payment Breakdown:
    Principal and/or interest payment: $653.75
    Escrow payment amount: $184.02
    Total monthly home loan payment: $837.77

    Additional information:
    Information presented here is as of 08/31/2012
    During the period when you are making payments under the terms of a chapter 13 bankruptcy plan, Bank of america tracks two types of payments that it receives. We track the chapter 13 plan payments to cure the amounts owed prior to the bankruptcy filing or otherwise under your chapter 13 plan. Seperately we track whether we are receiving your regular monthly mortgage payments due after the bankruptcy filing (which is referred to as "post-petition" period)

    Funds received overview:
    There was no activity on your account for the period covered in this statement.

    Fees assessed during the statement period:
    Date: 08/27/2012 Filing fees $75.00

    Outstanding post petition fee summary:
    Foreclosure $75.00

    Loan type and term:

    Loan type: 30 yr. conventional
    Contractual remaining term: 27 years 2 months
    Interest Rate: 6.875%

    ------------------------------------------------------------------------------------

    With that what in the world is this and why in the world is my payment almost $70 more than what it actually is. It does not list the arrearage that we owe to them AND they filed foreclosure paperwork AFTER we filed chapter 13 PLUS I got a call today from our "negotiator" stating that we had made the first two payments on our modification trial (we havent paid them anything since last year!) He didnt even know we were in bankruptcy. He wanted to know when we were going to send our third trial payment in! What in the world is going on with this company. I notified the atty about this lovely letter and have not heard back about it.
    Filed 13: 8/22/2012 341 Meeting: 10/2/2012 Confirmed: 11/2/2012
    10 payments down 50 more to go!

    #2
    What is this? Because we sent it over to the attorneys office and we also got it again Yesterday and no one has responded from the attorneys office. would this be BOA's claim? If so it does not have any of the arrearages for the regular part of the loan just for the escrow.
    Filed 13: 8/22/2012 341 Meeting: 10/2/2012 Confirmed: 11/2/2012
    10 payments down 50 more to go!

    Comment


      #3
      A proof of claim would be filed with the court and is on a form: http://www.uscourts.gov/uscourts/Rul...rent/B_010.pdf

      Call your attorney to follow up. If you don't get him, ask to make an appointment to speak with him on the phone.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        I surrenderred my house but the foreclosure proceedings have not started yet. I filed in April and have gotten this notice the last 3 months. BOA did file a proof of claim about a week before their 8/10 deadline. Does your notice says "FOR INFORMATION PURPOSES" at the top and then has a payment coupon on the bottom? I asked the paraleagal about it and was told that it was just a form letter that they send out. I noticed today that they are charging me a $425 bankruptcy fee and a $1900 foreclosure fee as of 9/4, in addition to the $275 proof of claim fee. I surrendered my house but the foreclosure proceedings have not started yet. My paraleagal told me last month that this is just an FYI letter. It was my understanding that I would not be responsible for any of the fees since I am not keeping the home but the fees have increased every month so I just emailed my attorney for clarification.

        Are you keeping your house?

        Comment


          #5
          Yes we are keeping our house giving it up isnt an option for us. It does say for information purposes but what i find interesting is they filed foreclosure paperwork AFTER we filed 13 and they were notified at that point. Then decided to charge us a filing fee. Isnt that not kosher to file after the fact ? Plus they called to fine out when i was going to make the next trial payment last week too.
          Filed 13: 8/22/2012 341 Meeting: 10/2/2012 Confirmed: 11/2/2012
          10 payments down 50 more to go!

          Comment

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