I am in 13 and about a month ago Wilshire filed a motion to lift the stay so they could foreclose on my house. Their claim was that I had made one payment only since starting my BK (in October) - completely false. Got all my info together and gave to my attorney, who told me that it is very common for mortgage companies to be disorganized, not have good records, etc. - some companies are worse than others. Presented my info to Wilshire's attorneys showing I had paid and was, in fact, completely up to date on my payments.
Wilshire's attorneys then came back with the following, which totally blows my mind!
1. They had "misapplied" two of my payments to someone else's account.
2. They "don't believe" my last payment was made, even though I have info from my bank showing it was directly wired to their bank account and is sitting there.
3. They somehow changed my monthly payment without telling me (neither attorney nor I can figure out how they came up with the number they are using and when that figure was supposed to start being paid) and of course want the extra for all the months I made the payment they HAD told me about.
4. Finally, my interest rate adjusted as of 3/1 and so my payment for March is incorrect as well.
The attorneys for Wilshire suggested we sign a 6 month stip to take care of any back owed money and also included their attorneys fees, which they seem to feel I need to pay, even though all of this came down because their client jumped to file that motion without getting adequate information.
I am shocked at the sheer incompetence of Wilshire to do their job. If I were to "misapply" funds at work, I'd be out on the street before I could open my mouth!
I am safe from foreclosure as of now, but who knows what other fun things Wilshire will toss at me.
Just to let y'all know - keep an eye on your mortgage company because they just really seem to have a hard time being able to do their jobs competently - and ultimately their incompetence will end up YOUR problem.
Wilshire's attorneys then came back with the following, which totally blows my mind!
1. They had "misapplied" two of my payments to someone else's account.
2. They "don't believe" my last payment was made, even though I have info from my bank showing it was directly wired to their bank account and is sitting there.
3. They somehow changed my monthly payment without telling me (neither attorney nor I can figure out how they came up with the number they are using and when that figure was supposed to start being paid) and of course want the extra for all the months I made the payment they HAD told me about.
4. Finally, my interest rate adjusted as of 3/1 and so my payment for March is incorrect as well.
The attorneys for Wilshire suggested we sign a 6 month stip to take care of any back owed money and also included their attorneys fees, which they seem to feel I need to pay, even though all of this came down because their client jumped to file that motion without getting adequate information.
I am shocked at the sheer incompetence of Wilshire to do their job. If I were to "misapply" funds at work, I'd be out on the street before I could open my mouth!
I am safe from foreclosure as of now, but who knows what other fun things Wilshire will toss at me.
Just to let y'all know - keep an eye on your mortgage company because they just really seem to have a hard time being able to do their jobs competently - and ultimately their incompetence will end up YOUR problem.
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