Do I have to pay this?

[Adventura]

Here is the deal: My chapter 7 BK closed a year ago. At the tail end of that process, my mortgage holder sent me reaffirmation papers, which I did not sign. kept paying mortgage on time, never late, etc. Six months later, mortgage holder sold loan to another lender. Been paying on time, etc to that lender since then. All along, new lender has been trying to collect a $150 fee. When I ask what it is for, they tell me that the $150 are the legal fees the original lender incurred in the drafting of the reaffirmation docs. I've seen the bill and the law office name and date are the same as the reaffirmation docs I received way back when, so they are not making this up. However, original lender never billed me for this--they just sold the loan.

Do I have to pay this? I don't want it to go to collection since I am just now starting to re-build my credit, but then on the other hand, I feel like I am being taken for a ride here. First lender never billed me, second lender--and I didn't ask that the loan be sold--is trying to collect on debt that I did not incur.

Any wisdom from the BK Forum collective would be hugely appreciated.

[HHM]

It is totally wrong for them to be doing so, but in my opinion, you probably need to pay. That fee was incurred AFTER the filing of your case. So, their argument is that it is a post petition debt.

This issue is just starting to come to light now that we are 3-4 years into the foreclosure crisis, people are emerging from chapter 13 cases still in default when the chapter 13 was supposed to cure because of accumulating fees and the way payments are applied.

[lillymarlene]

I'm in a chapter 13, but my new mortgage bank tried something similar with me. My old bank had sold my mortgage and the new bank wanted to collect a fee of $900 from me, for the old bank which had filed a claim with my bankruptcy. I was horrified to say the least, being in a 13, I have to watch every little cent. Later though, the bank decided to waive the fee.

[Adventura]

Oh darn--I was afraid of that. I considered going to a lawyer for advice, but figured that, once it was all said and done, I'd end up paying the lawyer the $150 (or more) to fight it.

Well, seems like a strange way to start a relationship with the borrowers of a new loan you just bought. They have kind of pissed me off. I think I'll concentrate on paying off the principal of the loan so the lender will lose significantly more than $150 in interest payments!

[GIn]

my mortgage holder sent me reaffirmation papers, which I did not sign.

Did you indicate in your BK paperwork that you would be reaffirming the mortgage?

[btbeme]

Fighting this is like driving across town to use a 50 cent coupon.

You can be right all the live-long day...but at what expense? Pay, get confirmation of the payment, move on. Bummer....