Notice of Final Cure Payment

[tngal]

I'm in chapter 13 BK. The current status of my case is "Nearing Completion". The trustee in western Tennessee makes payment the 10th of every month. When he makes the next set of payments my account will have a surplus of funds. I asked my atty when the payments would stop. She called the trustee and he said I needed to complete the pre discharge debt counseling course and he'd send the "Notice of Final Cure Payment" to the mortgage company and 21 days later he'd close the case and the payments would stop.

The trustee said it was okay to take the debit management course now even before he makes the last payment and I have and now, according to pacer, a "Notice of Final Cure Payment" was sent to my mortgage company. I expected this would happen after my next payment but he sent it early.

So starting a couple of days ago the 21 day count down began. What scares me is the mortgage servicer is Ocwen. The loan servicing switched from Bank of America to them midway the bankruptcy. The arrearage was caught up before the switch though. And there was even a change made to decrease the mortgage payment. It took Ocwen over a year before they filed the proper paper work to get the payments coming to them. And in the beginning the payment amount they used was incorrect. They applied the payments to my account incorrectly because of this. It took me months of calling them to get them see that and they changed the amount to what it should be.

What happens on a mortgage companies end when they receive a "Notice of Final Cure Payment". Do they wait out the 21 days or typically respond after a few days. Do they ever respond with an answer the customer still owes money. What happens if they do?

This is worse than being 6 and xmas is coming.

[Drazil65]

My suggestion as with all banks is you should follow this like a hawk. Keep the calendar, call everyday if that is what it takes, get someone's email and make sure the phone calls are followed up by an email to as many people as you have emails for. Make this your mission until the day you get what you are looking for. Good Luck!

[dmc-2008]

Good luck! Santa is coming!!!!

[klandsb]

tgal... I also have Owen as my mortgage company. They sent the "notice of final cure" on 1-13-15. The response was posted 2-3-15... My heloc is still not showing as responding so I am not sure what happens if they don't respond in the 21 day time frame but I know its up to date w/no arrears & was being paid by the trustee. The waiting is very hard but I have accepted I have no control and it will happen eventually.

[tngal]

Took the whole 3 weeks I see. Did your trustee send the notice before or after your last payment. I don't know if the trustee sending my when he did is just normal for my state and the trustee is on top of things or if it was a prodding from my atty. I've read that an audit has to happen, don't know if that's been done. The email my atty sent me said he said he'd close my bk after 21 days. Can that be real? I mean your person didn't close yours at the 21st date mark

[tngal]

Because of the time it took for them to file the proper paper work with the court, they were sent a large check to cover time period. They took the large check and made payments for each missed month at the higher payment amount. I can see on Ocwen's website(created a pdf of this) where they finally changed what the expected payment is so I'm hoping this will be enough to show they missed management the money and if they say I still owe they will have to eat it. But it freaks me out that this will prolong things. I've read horror stories about mortgage companies presenting people bills after bk where they owe for past interest or something.

Thanks for your advice.

[LadyInTheRed]

An audit doesn't happen until after your plan is complete and all disbursements have been made to creditors.

If the creditor thinks your mortgage is not current, they must say so in their response to the notice. If you don't agree and can't resolve it, the judge will decide who is right.

Try not to worry so much what might or might not happen. The creditor will respond how the creditor responds. There is nothing you can do about what might happen and no sense in wasting your energy worrying about what may not happen.

[cspa522]

LadyInTheRed, what audit are you talking about?

[LadyInTheRed]

At the end of every Chap 13, the trustee must audit the case to make sure the plan is complete and that all disubursments were made correctly and all checks have cleared. It's nothing for the debtor to be concerned about, but is part of the process towads dicshcarge and closing the case.

[tngal]

Got a letter from the trustee's office the close out department. It said my case was ready for discharge. It say a debtors certification regarding domestic support and debtors certification of completion of post petition instructional course in financial management needed to be filed(they were filed on the date in the letter). It said they were need to close the case. Please see that they are filed. In 30 days filed or not they were proceeding.

It's getting real!!!! I have this now, not paraphrased from my atty but in a letter from the trustee.

[spidge]

Good for you.

Congrats.

[tngal]

My payments are sent by my employer to the trustee. They have been posting like a steady heart beat on the Monday after the Friday payday. This didn't happen this time. It posted on Tuesday 2/10. The trustee makes payments on Tuesday. It wasn't posted when the payments were made. So instead of making final payments to everyone on 2/10 I have one more to do. I hope that doesn't affect things. Will that affect things? The Notice of Final Cure Payment for my mortgage lists my Feb mortgage payment as a basis to calculate if I am current. Do they ever have to reissue those?

[tngal]

I checked pacer and 21 days to the day, Ocwen has filed their the Response to Notice of Final Cure Payment Rule 3002.1. They checked the Disagrees box on Post-Petitions Default Payments. The amount listed is the almost the same amount as my mortgage payment. This is in that section
"Total Amount Due: Post-petition payment for 2/1/15 in the amount of $1,226.12"

"Above is an itemized account of the post-petition amounts that remain unpaid as of 02/24/2015. The amounts
outstanding identified on the Schedule do not reflect amounts that became or may become due after 02/24/15,
including any fees that may have been incurred in the preparation, filing, or prosecution of this response to the Cure
Notice"

"The amounts due identified on this response may not, due to timing, reflect all payments sent to Creditor as of
02/24/15. In addition, the amounts due may include payments reflected on the NDC but which have not yet
been received and/or processed by Creditor."

So are they saying I owe more money or is this just the last payment from Feb. that was sent them but they haven't done all the necessary stuff on my account to handle the last payment.

[LadyInTheRed]

It sounds to me like it is the February 1 payment that was delayed due to the trustee receiving the plan payment late. I bet this will be sorted out by the trustee. But, you should check with the attorney to make sure there is nothing that he needs to do.

[tngal]

Checked pacer again. They submitted a second "Response to Notice of Final Cure Payment" this morning. The amount listed this time is the exact amount of my monthly mortgage payment. So I guess they are referencing my last payment. Trustee said he would close my case 21 days after filing the Notice of Cure Payment. I'm just waiting. Hopefully pacer will have better news tomorrow.