My Trustte meeting is in 2 weeks,I have still been getting calls,I looked at my final paper,and he forgot to list atleast 2 credit cards,My paper work was changed several times due to error on their part,and probaly I missed this in the final I sighned,now what?Can he still file those,thanks
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Thanks so much,I was getting so upset thinking that would not be added,so they can add it,that is great thanks -
Checking Financial Summary from Trustee
I will tell you the same happened to me-but was amended immediately. My C13 was suppose to be completed and dismissed December 2004 and I found out that the Trustee said I still had 4 months left after I had already made 38 payments on a 36 month plan. The Trustee never sent financial statements and so I did not keep track of what they were paying and what each balance was. MY MISTAKE!! Why would I expect them to distribute my money to vendors in a timely matter... it's only what they get paid to do. Well, they weren't they were holding and disbursing when they felt like it... and when I finally requested a summary they had a $7000 balance sitting in my account that the girl on the phone said was already accounted for and was already included in the balance. That's when I said BS... I requested printouts from my mortgage company and the trustee and prepared a huge Excel spreadsheet to make sure every penny was sent to the people I owed and then saw how much money they (trustee) took as their fees... everytime they wrote a check for my mortgage they took a $250 fee .. I figured out it was close to 8% of the total of each check. About $6000 to date.
When I asked my lawyer why my plan was not complete and I still owed months yet, he said because the trustee said my mortgage increased by $400 since the C13 was filed. I told him my mortgage has not changed at all... and he gave me the total he had and I said that is not what was filed as your mortgage payment. He recorded the incorrect amount. He did not list the escrow and insurance total which is lumped together with the principal. I never in a million years would of thought that I needed to go through every line item with the lawyer. I gave them copies of every bill and they enter it. That's why I now say look at everything. My payment was so high every month I assumed it was all right. But it wasnt so look over every line... Lawyers make BIG mistakes too... that escrow amount of $311 each month over 36 is over $11,000. No wonder I have continued to pay....
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Wow
That is awful,Is there a charge for my lawyer to add a credit card?
So you paid much more money than you were supposed to?My husband is the only one on the house and he is not filing,as all the debt. was in my name only,Gosh this is so hard to go through,I am very sorry you had to go through what you did,take care,Comment
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Yeah, your attorney can amend to add creditors, the court charges a $26.00 fee when you have to add or amend creditor information. If it was truly the attorney's error, he should pay for it, (but you did review the paperwork before it was submitted, so you will probably have to come up with the filing fee plus the attorney fee to amend the schedules.)Comment
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Wrong Mortgage Amount
I truthfully think that the Trustees and the lawyers have a scam going. I've since decided I am taking a loan from my 401k and paying off the balance of the Chapter 13... that I will continue paying until the cows come home at the rate they do things.
I honestly think the lawyer purposely omitted the escrow -- to assure I would qualify for the Plan and be approved by the Judge. The Trustee was holding my payments and in January I had $7000 sitting in my account which they had not disbursed. In the meantime, I get charged late fees from the Mortgage company because they are now behind. I called the mortgage company and they act like total $#@%!! (I won't even go there) they basically talk to you like your a piece of crap... and you get tossed to the bankruptcy dept... (you're basically a leper)... and I can't get a straight answer out of them. They tell me.. call the Trustee... I practically had to beg for a print out of the payments the trustee made just to assure they actually received what the Trustee said they sent.
I called the Trustee for a payoff today.... she said .... I can't give you an exact number.. I said why? she said because it changes every now and then. I said WHAT? I want to pay this off NOW... I need a total payoff amount. Mind you I was to be done in November..... She said well you can request a payoff by way of letter... I said OK, she said but there's a 40 to 60 day waiting list to get that done. (do you believe this crap)... they just want to keep control of your money. She said it could take months until you get dismissed, regardless if you pay it off tomorrow... so since your mortgage is included in the Plan.... you must continue to send money to us. Well, I got home from work tody and there was a message from the Trustee's office from the girl who gave me the pay off amount... she send .. I just reviewed your documents (BS!!) and your mortgage is paid thru the Plan ... (no duh) so you will need to send 2 mortgage payments March and April and we may need May too.. because we don't know when the dismissal papers will go thru...
I said THAT'S IT!!! I'm calling my DEAD BEAT LAWYER tomorrow and telling him listen... we need to get this taken care of .. this is BS. He himself said they are having a lot of trouble with the Trustee holding peoples payments. So what the hell's going on...
We're trying to straighten out our life... and they're making it worse. I actually considered one of the many mortgage companies letters to refinance and pay off the C13 a while back and have talked to many brokers... One guy has helped a lot. Not asking for anything in return.. just giving great advice... Telling me exactly what to do... He actually told me they will hold onto to your account and keep it open as long as they can... He was not lying. I'm going to do a google search on this trustee... and see if there are complaints on this woman!
Unbelievable! In addition to all of this, I decide to sign up for the Credit Report Monitoring on the aol website... only to find out today -- AOL will not allow the link and has blocked it due to scam and phishing problems. Well ripoff.com has a million complaints against this site and now they have all my personal information. They were my actual credit reports, so now I have to deal with this... time for bed I'll be a zombie at work tomorrow!
p.s. My prayers for the Pope...Comment
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