whotor717
06-21-2004, 01:36 PM
Daughter purchased a home in March 2002. The original lender sold the loan to another mortgage company. Daughter made four payments to new lender who held payments claiming that they could not identify payments (even though the loan number was recorded on the checks). Daughter found out that the payments had not been posted to her account when the bank that issued the bank checks called to find out why checks not cashed. Daughter called new mortgage lender who said they would investigate. They called her and said they located the payments. They applied one of the four payments, returned 3 and said daughter was in default of her loan and they intended to foreclose. Daughter did not want to loose her home so she contacted a lawyer who advised her to file chapter 13 bankruptcy. She filed chapter 13 in November 2002. She was never given a copy of the bankruptcy, but the plan called for $115 to be garnished from her pay every two weeks.
Because daughter had severe back injury and used all of her leave to have surgery, and following treatments, and that time will not be paid back to her until the workmen's comp case is complete, she had very few full pays. Wanted to file for hardship, but was told she could not. Daughter missed mortgage payment for April & May 2004 so lender stopped accepting the $115 arrears payments and filed for foreclosure. It wasn't until the chapter 13 trustee sent her an accounting of all of the arrears payments that she found out that the mortgage lender said she was $13,000 in arrears. (That amount did not include any legal fees, late payment fees, just arrears). I told daughter that @ $407 per month, she would have had to miss about 30 payments. In thinking about it, the 4 payments being held, their applying one payment, the $13,000 that they claimed she was in arrears was a typo. It should have been $1,300 ($407 x 3 + late fees). I asked daughter if the lawyer checked to see if the figures reported by the loan company were correct, she replied that she did not know.
Daughter wanted to add an individual to the mortgage. She was told it would cost her $2,400. She paid to mortgage lender by bank draft, but the mortgage company did not add the other individulals name to the mortgage, nor have they ever given her an accounting of that money. (Since they did not add the name, are they supposed to return $2,400 or at least give an accounting of that money). If they are holding that money, then technically, daughter was not in default of the after bankruptcy mortgage payments.
Can daughter go to bankruptcy court and explain the situation? Can daughter take lawyer to the board for improperly handling daughters case?
Daughter resides in Maryland. Is there any recourse? Can daughter save her home?
Because daughter had severe back injury and used all of her leave to have surgery, and following treatments, and that time will not be paid back to her until the workmen's comp case is complete, she had very few full pays. Wanted to file for hardship, but was told she could not. Daughter missed mortgage payment for April & May 2004 so lender stopped accepting the $115 arrears payments and filed for foreclosure. It wasn't until the chapter 13 trustee sent her an accounting of all of the arrears payments that she found out that the mortgage lender said she was $13,000 in arrears. (That amount did not include any legal fees, late payment fees, just arrears). I told daughter that @ $407 per month, she would have had to miss about 30 payments. In thinking about it, the 4 payments being held, their applying one payment, the $13,000 that they claimed she was in arrears was a typo. It should have been $1,300 ($407 x 3 + late fees). I asked daughter if the lawyer checked to see if the figures reported by the loan company were correct, she replied that she did not know.
Daughter wanted to add an individual to the mortgage. She was told it would cost her $2,400. She paid to mortgage lender by bank draft, but the mortgage company did not add the other individulals name to the mortgage, nor have they ever given her an accounting of that money. (Since they did not add the name, are they supposed to return $2,400 or at least give an accounting of that money). If they are holding that money, then technically, daughter was not in default of the after bankruptcy mortgage payments.
Can daughter go to bankruptcy court and explain the situation? Can daughter take lawyer to the board for improperly handling daughters case?
Daughter resides in Maryland. Is there any recourse? Can daughter save her home?