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It's really hard to trust the system...

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  • It's really hard to trust the system...

    I'm in Florida and my wife and I filed a CH13 in Oct 2012 with Trustee responsible for making my mortgage payments. On or around April 2014, my home loan modification went in effect. In November 2017 we made our final payment to the Trustee. In Dec 2017, I contacted the Trustee, in an attempt to get them to expedite my case so it could be discharged ASAP. At that time they advised me that beginning in January 2018, I'd be responsible for making my own mortgage payments. On 1/10/2018, the NDC website was updated to show the "COMPLETED" for the Trustee Case Status and Case Status. I also received a "Chapter 13 Trustee's Notice of Completed Plan - With Discharge" letter in the mail dated 1/10/2018. A few days later, I received "Discharge of Debtor After Completion of Chapter 13 Plan" dated 1/11/2018.

    In January 2018, I made my mortgage payment directly to the mortgage company (Mr. Cooper FKA NationStar). They informed me that my mortgage was still in the bankruptcy department and once it's transferred to "normal" status, I'd be able to make payments online again. In early February, I contacted the mortgage company for an update and I was advised that my mortgage was now in normal status. They also dropped a BOMB on me!! They advised me that my mortgage was past due 12 months to the tune of close to $19K and that if it wasn't paid by 3/7/18 they'd start foreclosure proceedings!!

    After the shock factor, I asked how could this be? How could I come out of CH 13 BK seeking a new start, only to find out I'm behind the 8 ball? They said that the Trustee didn't make the full amount of mortgage payments, after my loan modification went into effect. They walked me through each month and it seemed to make sense. Their contention is that although they KNEW that the Trustee wasn't sending them enough money, they were "unable" to make them aware because of the bankruptcy. I immediately contacted my CH 13 lawyer to address this and sent him a barrage of emails, documents and letters received from the mortgage company.

    My lawyer let me know that he was reaching out to my Trustee to "try" get this resolved. His opinion was that
    the Trustee under paid the mortgage company and over paid by $20k the unsecured creditors. He would try to see if they can recoup that money from the unsecured creditors and use it to pay the mortgage company what it is owed. He believes the mix up happen when one of the motion to modify payment were filed.

    Today, I received a "Notice of Final Cure Payment" filed by the Trustee sent to all parties involved concerning the mortgage... So it seems like the Trustee is trying to put the responsibility back in Mr. Cooper's court. I have a call scheduled with my Attorney tomorrow to explain this letter in detail to me and explain how it affects me.

    Am I in trouble here and in jeopardy of losing my home to foreclosure for a mistake that obviously was not my fault? Do I have any legal recourse? Any help/advice anyone could provide would be greatly appreciated!! Thanks.

  • #2
    You will need your attorney to work this out with the Trustee. The Trustee should not have paid the unsecured creditors when they should have been paying the mortgage. Mistakes do happen and this is precisely the purpose of the final audit.

    Your legal recourse could include suing the Trustee, in the bankruptcy court, by filing an Adversary Proceeding. But, before we get to that, let's have your attorney work with the Trustee to claw back the overpayments to the unsecured creditors. Human error is possible in complex cases (a modification in the middle of the case). Personally, I would have expected an overpayment ot the mortgage company and not the unsecured creditors.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Let me add my personal experience that Nationstar/Mr. Cooper is completely incompetent in bankruptcy. In my case:
      • Chapter 7. I reaffirmed the mortgage. My attorney notified Nationstar that they could continue to send me statements, phone calls, etc.
      • Nationstar never sent anything.
      • During the C-7, my escrow changed due to an increase in real estate taxes and insurance. Nationstar never notified me, so for 7 months I was underpaying my mortgage.
      • Nationstar contacted the TRUSTEE about the mortgage GOING INTO DEFAULT.
      • Trustee contacted my attorney, who contacted me. I contacted Nationstar. Nationstar claimed they had mailed letter after letter to me and my attorney... found out they were sending everything to my ex-wife (who was tossing it into the trash.)
      • For two tax years, Nationstar never mailed me a 1099. I had to request them myself. But they never arrived. I had to request them again, to be emailed and faxed.
      • Every conversation with Nationstar, they were rude and naughty, claiming "the law" prevented whatever I was requesting. Several times they refused to honor my attorney's instructions, until the TRUSTEE threatened sanctions.

      My case is not yet closed (waiting on final accounting) but Nationstar is impossible to work with. Despite my attorney's instructions, Nationstar still refuses to send me a statement, refuses to give me escrow information over the phone.

      Nationstar is a poster child for allowing the mortgage payer to choose their own service agency.

      Comment


      • #4
        Thanks for the feedback guys and the advise...

        Here's an update: So I spoke with my Attorney and he believes that the Trustee made a mistake and didn't pay enough to Mr. Cooper, but they filed that "Notice of Final Cure Payment" to put it back in the mortgage company's court. He said that he will file a motion (should it be him or the Trustee??) to have the payments made to unsecured creditors in error returned. Of all the unsecured creditors, at first glance it looks like only Sallie Mae (student loans) were paid enough to cover the short payments made to Mr. Cooper. Not sure to how Sallie Mae will react to this, but adding up all the other unsecured creditors doesn't even come close to the deficit.

        My Attorney said he will also "re-open" the case to prevent Mr. Cooper from attempting foreclosure. I'll be following up with him to make sure he does what he say's he'll do. Thanks again.

        Comment

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