My mortage is with a smaller mortage company. Throughout my 5 year chapter 13 plan, there were many times fees were added and I'd get post-petitions from the mortgage company's attorney modifying the terms of the plan. My attorney thought they were milking me and said it wasn't illegal but unethical. Not much we could do.
In March, the mortgage company submitted their final cure order, requiring I pay any outstanding fees prior to the court approving my BK discharge. Just to put together the one page form, I was charged 1500 in legal fees. Another example of the crap noted above (my atty said it should have been about $300). But I paid it. And my mortgage payments were up to date.
So imagine my surprise when the month after my discharge, I received a bill from my mort. company for an additional $2300 dollars that, despite numerous phone calls and letters, no one could clearly explain to me where it had come from. It took two months to get an explanation. They said it was for outstanding fees related to the bankruptcy. They sent 4 years worth of acct activity from their financial dept and sure enough, there were mutliple fees added throughout the years that added up to this amount.
I contacted my attorney. He said, per the law, all monies I owed were to be requested in the final cure order. That the mortage co. CAN request fees after the discharge, but they would need to re-open the bankruptcy to do so. They have 6 months to do that but no one has made a move. My atty said he is willing to contact the atty for the mortage company, BUT here is what I'm afraid will happen. Their atty will re-open the case, and then I'll get charged a crap ton of extra atty fees on top of the $2300.
I am SO mad. I was just wondering if anyone else had experienced anything like this and, if so, what you did or what the outcome was.
Thanks.
In March, the mortgage company submitted their final cure order, requiring I pay any outstanding fees prior to the court approving my BK discharge. Just to put together the one page form, I was charged 1500 in legal fees. Another example of the crap noted above (my atty said it should have been about $300). But I paid it. And my mortgage payments were up to date.
So imagine my surprise when the month after my discharge, I received a bill from my mort. company for an additional $2300 dollars that, despite numerous phone calls and letters, no one could clearly explain to me where it had come from. It took two months to get an explanation. They said it was for outstanding fees related to the bankruptcy. They sent 4 years worth of acct activity from their financial dept and sure enough, there were mutliple fees added throughout the years that added up to this amount.
I contacted my attorney. He said, per the law, all monies I owed were to be requested in the final cure order. That the mortage co. CAN request fees after the discharge, but they would need to re-open the bankruptcy to do so. They have 6 months to do that but no one has made a move. My atty said he is willing to contact the atty for the mortage company, BUT here is what I'm afraid will happen. Their atty will re-open the case, and then I'll get charged a crap ton of extra atty fees on top of the $2300.
I am SO mad. I was just wondering if anyone else had experienced anything like this and, if so, what you did or what the outcome was.
Thanks.
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