I recently filed Ch 7 and my mortgage statement has $250 attny fees on it. They told me that is because they had to hire an attny to do a reaffirmation agreement. Can they charge those fees to me? Shouldn't they have to be awarded attny fees by the court instead of just adding them to my bill without even telling me?
-
-
I feel your pain.
My second mortgage company added a $360 collection fee, of which they never had to use since I have never been late or missed a payment, add to that I was told they are going to add attorney and filing fees to the principal of my account as well...
Should set me back a years worth of principal payments..
All because I filed BK and want to keep paying for my house which thanks to the market I am now at the break even point, things drop anymore and I am under.....
Thinking maybe I should walk...... -
Who is the lender? Did you ask you atty about it?Attorney Retained/Paid: 1-4-10
Online CCC-Completed & Cert Received: 1-8-10
Filed Chapter 7 1-18-10.
341 3-10-10 ~~~ Last Day to Object: 5-10-10Comment
-
I haven't asked attny. I was wanting to get an opinion here first. I don't remember the lender's name. It recently changed.Originally posted by Faust View PostComment
-
anyone have an opinion on this? thanks.Comment
-
Alot of these of this big banks do not have common business sense. Humm...should we charge a fee for processing a reaffirm agreement with the possibility the debtor won't sign because of the fee or do we own another home among the other 15 we own on that block when they decide they don't want it anymore and decide to walk? You would think they would want to encourage people to sign so they have some recourse if they don't fulfill their obligation. They know you can't file Bk again for 8 years.
To answer your question - yes they can charge you the fee. I verified this with my attorney when I had issues with my lender and balancing my reaffirm agreement to my records. I demanded a breakdown of all the numbers on the reaffirm agreement before I signed. Five hours on the phone and two reaffirm agreements later, it was resolved. I should have sent them a bill for my time jacking with them! In the end, I wasn't charged a fee. Good luck to you.Comment
-
Funny thing is with my first and second mortgages, I have not signed anything, I only signed a reafirm with the bank that holds my truck note.
The mortgages are listed on the debts I want to keep,Oh well ride through I guess....Comment
Comment