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Could I get your advice? NationStar files claim for Arrears but there are none?

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  • Could I get your advice? NationStar files claim for Arrears but there are none?

    I'd really like to know if I should do anything about this? My lawyer did not respond. Thanks

  • #2
    You'll have to work with your attorney. You may have arrears that came about after filing (because a payment was delayed?). This can happen if you file near the next payment date and attorney tells you to pay the Trustee in 30 days. The creditor thinks that you're late so include the missed payment as an arrearage. You'll have to work with your attorney to see if s/he should object to the claim as to the arrears, but you may actually be in arrearage due to the filing overlap.
    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
      In my case, our mortgage holder notified me a couple of months before filing our case that our monthly mortgage payment would be increasing about $15.00 per month to cover an escrow shortage due to an increase in our annual home insurance premium. I made a couple of increased mortgage payments at the new rate but not enough payments were made to cover the entire escrow shortage. When the BK case was filed the bank filed a claim for "arrears" which was the balance of the escrow shortage. The "arrears" claim was for less than $100.00.

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      • #4
        I have not missed a payment ever. I call and get the amount due each month since I filed.
        Thanks

        Comment


        • #5
          Do I just let it go or should I fight this is my question? TIA

          Comment


          • #6
            Originally posted by 5yrplan View Post
            I have not missed a payment ever. I call and get the amount due each month since I filed. Thanks
            You appear to be paying outside the plan; is this correct? If so, then just contact your attorney and/or make an appointment with the attorney to review the claim. Make sure you provide proof that you paid on-time since filing and that you otherwise have no arrears. Your attorney would file an objection to the claim and provide the necessary attachments to show that there are no arrears.

            What is the amount of the arrears? Is some multiple of a monthly mortgage payment? I don't know if you paid on-time, without penalty, or if these are accumulated penalties. Your lender could be putting all those payments into a suspense account and not actually applying it to the mortgage payments because of the pending Plan confirmation.

            You have two things to check... 1.) whether you have any late penalties accumulated (but unknown to you from the past), and 2.) whether the lender has been putting all your payments into a suspense account. (I put #1 there because we sometimes don't know what the internal systems with the creditor show! They can have a late fee from years ago, or some other fee (escrow shortage or other) that has been sitting there for months or even years but doesn't affect your payment at all. When you file bankruptcy, the creditor does an accounting of just what is owed so that the Claim should reflect reality. It could be something simple in that it's just the well-known suspense problem.)

            Originally posted by 5yrplan View Post
            Do I just let it go or should I fight this is my question? TIA
            You should perform an accounting based on what is in the Claim. If it looks like one or two months of mortgage payments since filing, it is likely it's a suspense issue. If it's a small amount (less than a single mortgage payment), then it is likely a shortage or a fee from the past. Once you determine just what it is (mortgage payment(s), escrow shortage, small fees), then you and your attorney can determine whether to object to the claim.

            You should always object to an inaccurate claim for arrears because those must be paid during the life of the plan!

            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


            • #7
              Yes outside of my plan. The last time I called they had $400 in misc account because I was ahead. The arrears claim is for close to one monthly payment amount. I'll round up my proof and send to my attorney. But is this all for not? I mean if I just let it go once my plan is done in 56 months all will be good? Thanks

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              • #8
                Assuming you are viewing the claim in Pacer, what does the actual claim state when you open it up in regard to what period of time or amount they are claiming? That should provide at least some information. Are you sure they are actually claiming arrearages or just filing a claim in your case as a secured creditor (once they were notified of bankruptcy)?

                Comment


                • #9
                  NDC site, payment is $1003.00 a month. TIA
                  Claim Number 009
                  Claim Description MTG ARREARAGE
                  Claim Type Code MA
                  Class Type Description Secured
                  Class Type Code 1
                  Level 20
                  Comment
                  Account Number 1423
                  Reference Number 9
                  UCI
                  Claim Filed Date
                  CLAIM AMOUNTS

                  Claim Amount $1,072.60

                  Comment


                  • #10
                    Originally posted by 5yrplan View Post
                    Yes outside of my plan. The last time I called they had $400 in misc account because I was ahead. The arrears claim is for close to one monthly payment amount. I'll round up my proof and send to my attorney. But is this all for not? I mean if I just let it go once my plan is done in 56 months all will be good? Thanks
                    I would try to figure this out. This is the one pain with mortgages in Chapter 13. That one pain is that the accounting is almost always messed up either at the beginning or at the end (and it's worse at the end). If you can get this fixed, then I would get it fixed now. You don't want to overpay them to the extent that they never apply the overpayment to your actual principal!

                    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


                    • #11
                      You may get more information by looking at the proof of claim itself. Call your attorney and ask for a copy.
                      LadyInTheRed is in the black!
                      Filed Chap 13 April 2010. Discharged May 2015.
                      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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