Mortgage payment reported as late.

[Badjim19]

I wonder if anyone has had a similar situation and how to handle it.

My Mortgage was sold while I am in Chap 13, MaMu sold it to Wells Fargo. Ever since WF has had it they have been reporting it as 30 days late every month. WaMu didn't, I was current with them as far as I know. WF has been sending me "Information Notices" or whatevver they call them also, indicating I'm 30 days behind.

I contacted my attorney a couple month's back about this and he told me there was nothing to worry about when I did finish my plan the trustee would send a letter to WF declaring my debt current. I forgot the legal name for the letter. Sounded OK at the time until I went to renew my car insurance (and switch companies) and got a higher rate because of recent "late payments" Hugh? I'm in Chap 13 with a payroll deduction, I have no other payments all my utilities are and have been current.

That's when I got a copy of my credit report and saw WF has been reporting my loan 30 days late since they bought it. WaMu didn't

1st: Isn't it illegal for them to report me as late while in Chap 13? That's what I've read in this forum and if so does anyone know the specific statute?

2nd: Late payments reported to the bureau's is a problem as we know because when I emerge from BK I want to re-establish my credit.

Furthur, I called the trustees office asking this question (Why are they reporting me late) and the trustees office told me that's because I WAS late! Come to find out my employer missed sending in my payments in Oct and Jan, they made double payments the following months.

I know I can get this straightened out with my employer, I've been in 13 for 3-1/2 yrs and Oct 07 and Jan 08 was the first time this has happened (new person doing the payroll). But, WF has been reporting 30days late for a year now, well before my employer sent anything late to the court.

I know the answer should be to contact my attorney but neither he nor the trustees office seems to be much help. I'm just wondering how I can force their hand.

It's made me angry enough I'm considering taking one of the refinancing my home and buy out the chap13 deals.

Badjim19

[Flamingo]

1. You can be reported being late if the late payments took place prior to your BK filing. After that date, they cannot list you as being late.

2. You will need to find out from Wells Fargo exactly what payment they state was 30 days late and verify that information against your own records. If the problem occurred when the account was transferred and through no fault of your own, that should easily be resolved but you need to find out what payment they are talking about and when it was due and when it was received. Then you can take it from there.

[magyar123]

Did you send in the payments by check? When did those checks clear? If you can prove that those checks cleared before or on the actual due date, you might have a case against them.

[Badjim19]

Late Payments

Thanks Flamingo.

I guess I was a little confusing in my post. WF has been reporting me late every month since they took the loan over not just one month.

All the late payments they're reporting have been since I've been in Chap 13. They bought the loan from WaMu when I was about 2 years into my 52 Mo plan.

I'll start by contacting WF, then my attorney. I've just seen a lot of negative posts particularly on "Scam Report dot com" about how uncooperative and advasarial WF can be.

[Badjim19]

Magyar 123: My morgtgage is included in my plan. Therefore, all my payments are being made through the trustees office, as part of my 13.