Creditor messed up Proof of Claim

[jennp102371]

This may be the most messed up situation ever. I was 18K in arrears to my mortgage company (Option One, now AHMSI) when I filed 13 in Dec 2004. I filed with the 18K amount, went through the 341 etc etc and made payments of $573 for 11 months. Option One filed their Proof of Claim stating my pre-petition arrears were only $463!!!!!! Came up for confirmation after 11 months and had my attorney modify my Ch 13 plan from the 18K I said I owed them to the $463 THEY said I owed them. Now, I'm almost ready for discharge. Can they attempt to collect the amount they didn't file in their Proof of Claim or are they SOL? They did not protest my confirmation AND we did 2 agreed orders since June 2007 for post-petition arrears and they didn't catch it then either. Also, I threw my 2003 and 2004 property taxes into my Ch13 and the Trustee paid those in January 2006. In February 2006, my mortgage company, out of the kindness of their heart (I guess) paid them too! The taxing people returned the payment made by my Trustee back to my Trustee. Am I going to be responsible for that? I requested a modification in July 2008 because they told me in February 2007 they would pay my 2006 and 2007 taxes and didn't. They called me 30 days later and told me they would modify my loan if I gave them 19K!!!!!! That is nuts!!! Anyway, if anyone could answer my 2 questions, I would greatly appreciate it!!!!!!

[chloe0724]

Jen,

I don't think they can protest it if they never objected to it prior to the plan being confirmed. As for the property taxes, are you currently escrowing? If so, you may not be responsible.

As for their wanting an additional 19k to modify your loan, ask if they can place it on the back end of the mortgage.

Good Luck!!