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Beware of Mortgage company fees and charges after discharge from chapter 13.

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    #1

    Beware of Mortgage company fees and charges after discharge from chapter 13.

    My wife and had our chapter 13 confirmed in February of 2008 which included mortgage arrears and ongoing mortgage payments. We received our discharge on March 25, 2013. http://www.bkforum.com/images/smilies/yahoo.gifAfter five long years we are done........so we thought. Now comes the Mortgage company, so far we have paid March and April on our own. Trustee made payments from 2008 thru February 2013. Well....received our first mortgage account statement and they had numerous fees and late payments adding up to 2700.00. OMG I thought, what is this????? After my meltdown I started researching and found this is a common practice of mostly mortgage servicers.http://www.bkforum.com/images/smilies/sad.gif. So now it's off to the attorney to rectify this breach of Bankruptcy law. I have all the documentation to support my case including the final cure from the mortgage companies attorneys. Which means no arrears and all payments are up to snuff. Unfortunate for us this means hire an attorney, pay him and whatever other inconveniences that may arise. Many mortgage servicers do not seem to care about the laws and are not above trying to cheat you and kill your glee about your discharge.

    Just keep your attorney around after the discharge for this reason. Do not let this dissuade you from filing if you need to. It is just another hoop to jump through. We will win on this issue the laws are in place to protect us debtors. BTW the mortgage servicer will most likely have to pay for your attorney and other costs relating to rip off charges.
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    #2
    Who is the lender?

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      #3
      Originally posted by toojerm View Post
      Who is the lender?
      The loan servicer is ocwen. You must be very vigilant and watch carefully. Very inept or very dishonest.

      Comment

        #4
        I had pre and post petition arrears. The post petition arrears were due to an oversight by the trustee paying only P & I on the mortgage. It was I who brought this to my attorney's and trustee's attention, they didn't have a clue. After we paid off the $10,000 post petition arrears GMACs attorney filed an amended claim and the trustee started paying the $10,000 amount again. I notified my attorney and they filed an objection with the court but not before the trustee paid them $4000. We finally got this settled after about 5 months. My loan was transferred to Green Tree in the middle of the objection which stalled things an extra month or two.

        We will complete our 13 in November after 3.5 years paying back everything we owed. I would advise everyone to keep track of your claims and the payments being made because nobody else is going to look out for you. Don't assume the trustee will get it right. I have been frustrated how many times things have been screwed up but I have won the battle each time. I have heard horror stories about Green Tree but GMAC was so horrible and am hoping for even a small improvement. If Green Tree pulls this stunt I want hesitate to go back to my attorney.

        Comment

          #5
          happens to me NOW after a Ch 7. Bank of America is all over me for many k's in fees. I was discharged in 2011 and for 2 years they didn't do anything. Now they want 2 years of fees.
          Ch.7 filed: 2/23/2011 Discharged: 7/7/2011 Asset: Yes Case Closed: 7/30/2013

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            #6
            Our payments to trustee included all arrears on the mortgage, since we received the notice of final cure from their attorneys and customer service @ocwen told me we are in the clear and gave me the new house payment. I am seeing an attorney and we'll see how it all pans out. Since the rules on bankruptcy seem fairly clear and they did not notify trustee of any outstanding fees or costs, I think we will see results in our favor. I do not believe due diligence is in the Ocwen handbook.

            Comment

              #7
              I know I have some late fees on mine, but I do hope they do not add all kinds of miscellaneous fees to it.

              I hope you go after damages for this too. Keep us posted.
              11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

              Comment

                #8
                Originally posted by stanpendula View Post
                happens to me NOW after a Ch 7. Bank of America is all over me for many k's in fees. I was discharged in 2011 and for 2 years they didn't do anything. Now they want 2 years of fees.
                Not knowing all the ins and outs if B of A was one of the creditors listed then there should be 0 fees. Is it Bank of America trying to collect or a debt collector? Sometimes old debts turn up like old girlfriends you didn't like. As long as the debt they are trying to collect is pre chapter 7 you should be able to squash it. Speak to an attorney they my be in breach of bankruptcy rules.

                Comment

                  #9
                  Originally posted by spidge View Post
                  I know I have some late fees on mine, but I do hope they do not add all kinds of miscellaneous fees to it.

                  I hope you go after damages for this too. Keep us posted.
                  Will do, the fees were numerous and onerous. One day perhaps the mortgage companies and their loan servicers will get hammered and forced to learn fair play.

                  Comment

                    #10
                    Originally posted by ariesfire View Post
                    Will do, the fees were numerous and onerous. One day perhaps the mortgage companies and their loan servicers will get hammered and forced to learn fair play.
                    Make these slap on the hand crimes a felony and those who sign anything to take action will think twice.
                    11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

                    Comment

                      #11
                      Originally posted by hmchem View Post
                      I had pre and post petition arrears. The post petition arrears were due to an oversight by the trustee paying only P & I on the mortgage. It was I who brought this to my attorney's and trustee's attention, they didn't have a clue. After we paid off the $10,000 post petition arrears GMACs attorney filed an amended claim and the trustee started paying the $10,000 amount again. I notified my attorney and they filed an objection with the court but not before the trustee paid them $4000. We finally got this settled after about 5 months. My loan was transferred to Green Tree in the middle of the objection which stalled things an extra month or two.

                      We will complete our 13 in November after 3.5 years paying back everything we owed. I would advise everyone to keep track of your claims and the payments being made because nobody else is going to look out for you. Don't assume the trustee will get it right. I have been frustrated how many times things have been screwed up but I have won the battle each time. I have heard horror stories about Green Tree but GMAC was so horrible and am hoping for even a small improvement. If Green Tree pulls this stunt I want hesitate to go back to my attorney.
                      If green tree bought the mortgage they bought it all and will have to follow the bankruptcy rules. Good luck its almost over, seems there is always a clean up after a job well done.

                      Comment

                        #12
                        Originally posted by spidge View Post
                        Make these slap on the hand crimes a felony and those who sign anything to take action will think twice.
                        Amen to that, however the politicians are in bed with these guys. Keep complaining make lots of noise until all debtors are heard.

                        Comment

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