Charged late fee's on pre-petition mortgage arrears.

[mavric]

Mortgage was sold to seterus back in june. Seterus has had it for 4 months. Had a late fee ever month of $79.00

Icalled about it and was told ," i am current,that this is on the pre-petition arrears" Can they do that?

in 60 mo BK 13 plan $79x 54 =$4266.00 Never miss a payment since we started , The check has allways cleared my bank before being late.

Just don't know what going on here.

[forgotten]

I can not really understand this question. It looks like you tried to ask the same question a few months ago?
Can you be a bit more detailed? Is your mortgage company claiming you owe late fees outside of the plan? Is this about pre-petition arrears on the claim they filed?
What exactly is your concern with the matter?

[mavric]

My concern is , How can they charge late fees on arrears that are in my ch 13 ? Yes,

late fees are on pre-pettion. That i am current post-pettion. thanks

[forgotten]

My concern is , How can they charge late fees on arrears that are in my ch 13 ? Yes,

late fees are on pre-pettion. That i am current post-pettion. thanks

they can not charge late fees on anything after you have filed. Any pre-petition arrears should have been paid right away from your plan anyway. If they are claiming you are going to owe a late fee every month of your plan you need to contact your attorney.

[HHM]

I am venturing a guess the answer is yes, they can.

Pre-petition arrears are just that. Arrearage (late payments) made prior to filing BK.

Most mortgage notes have your payment due date as the 1st. If the payment has not been received by the 1st, you are in default on the 2nd. Most mortgage notes provide a 15 day grace period. All the grace period means is that the bank won't charge a late fee if you pay between the 1st and the 15th. But if no payment is received by the 15th, a late charge is due on the 16th. So, if the payments are you are complaining of occurred prior to BK, then absolutely they can charge a late fee.

For example, let's say you stopped making your mortgage payment in February. Then you filed BK on July 31. The bank can RIGHTFULLY charge you late charges for the February - July payments.

[okteacher]

I finished my 60 months in June & have the same question. The statements I recieved from Wells-Fargo, during my plan, showed a "late payment" fee. I hoped/assumed that I that money would be credited to my mortage....so far, they haven't. Do I call my attorney?