Confused about post-discharge mortgage processor fees

[suzyq1985]

My chapter 13 was discharged in November, 2012. Mortgage arrears were paid in plan, but mortgage payment made outside of plan. I haven't missed any payments. Today I got a monthly statement (the first paper statement since filing) and on top of my normal monthly payment, there is a $500 "assessed expenses" fee! I emailed the processor and received a response saying the fee was a proof of claim filing fee. Can they do that? I know some of the rules for mortgages changed in 2011 but I'm confused. Can anyone shed some light on this? Thanks in advance.

[justbroke]

Yes, they can if it is actually included on their Proof of Claim. However, that amount should have been included in the arrearage amount and should have been paid as part of the arrears. I would contact my attorney. (As an aside, I am quite impressed that they are only off by $500 since these lenders typically really mess up the account balance after a Chapter 13.)

So check with your attorney. Check the actual Proof of Claim that they submitted. if it's not there, then it is probably their problem and not yours.

[spidge]

Please update us as I would also like to know the outcome.

[suzyq1985]

I called my lawyer and he said check the proof of claim and the final cure notice. I told him I already had copies from Pacer. (He was surprised I had a Pacer account). The Proof of Claim shows a $500 fee but it is not added into the arrearage. The final cure paper said everything is paid and the mortgage company signed off on it. Basically, I am going to pay the fee and attach copies of the Proof of Claim and Final Cure and forward my complaint to whoever will listen. I think I''m going to do a Qualified Written Request and build my paper trail for possible future actions. But I'm afraid not to pay it and start accumulating late fees, unfavorable reporting to CRA's etc. I feel like they have me between a rock and a hard place. It will cost more to fight the fee than it will to pay it.

[justbroke]

If it was included on the Proof of Claim and your case discharged, then it was discharged (if it wasn't paid). That would be up to you and your attorney to fight it. Perhaps writing a letter and showing the claim and your discharge and telling them that the debt is discharged and any further attempt to collect that $500 will be met with a motion for sanctions.

Either that will scare them or not. At least you will put them on notice.

[suzyq1985]

Update: I took justbroke's advice and wrote a letter with a copy of proof of claim and final cure obtained from Pacer. I mentioned a motion for sanctions. They decided that the fee should not have been added! Thanks!

[justbroke]

Scared.