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Confirmed!!! But have question ??

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    Confirmed!!! But have question ??

    Hello Everyone,

    I just got the good news that my case was confirmed (load of stress off my shoulders). Thanks to everyone for your support and wisdom!

    OK - on to my question. Looking at the www.13datacenter.com website, it is showing that my mortgage company is claiming that I am in arears by $463. We've never been arears. The only time we were ever late was last week (by one day). The fee for that is $25.

    How on earth could they have proved this claim and secondly how do I go about getting it cleared? We just confirmed. Do we now have to modify my plan? Chase is the mortgage company and we pay the mortgage outside of the plan.

    I don't really understand.....

    #2
    Originally posted by insomniac View Post
    Hello Everyone,

    I just got the good news that my case was confirmed (load of stress off my shoulders). Thanks to everyone for your support and wisdom!

    OK - on to my question. Looking at the www.13datacenter.com website, it is showing that my mortgage company is claiming that I am in arears by $463. We've never been arears. The only time we were ever late was last week (by one day). The fee for that is $25.

    How on earth could they have proved this claim and secondly how do I go about getting it cleared? We just confirmed. Do we now have to modify my plan? Chase is the mortgage company and we pay the mortgage outside of the plan.

    I don't really understand.....
    First, congrats on your confirmation!!

    Our mortgage lender did something similar stating we were a month behind when we filed - we weren't. We went to our lawyer immediately and showed him all the monthly mortgage statements we had going back for months before we filed - they all showed us as on time.

    Our lawyer filed a request for a court hearing to force our mortgage company to prove we were in arrears. He had a private conversation with them to let them know we could prove with their own statements we weren't in arrears on filing day. The outcome - the mortgage company lawyer did not show on court day, so our bk judge threw out their objection! Problem solved.

    One thing to watch for....ask your mortgage company for annual printouts showing every posted monthly payment every year you are in Ch 13. Ours was showing an odd $125 owed....we finally figured out that our mortgage company tacked the court fee for filing their objection and their lawyer's time to create the paperwork for the objection to our mortgage! Our lawyer got that little item removed as well
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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