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BANK OF AMERICA MORTGAGE charging me $300 for a bankruptcy proof of claim

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    BANK OF AMERICA MORTGAGE charging me $300 for a bankruptcy proof of claim

    filed a chapter 7, my mortgage is and has always been current (I pay it monthly during bankruptcy). they sent me and the trustee a proof of claim for the remaining balance on the mortgage. then they sent me a bill for $300 for "bankruptcy proof of claim". I didn't discharge any portion of my mortgage.
    Am I obligated to pay that when I didn't request it? they tacked it on to my mortgage payment for 1 big payment which I cant afford. Id hate to get my credit dinged when im trying to establish new credit. is this legal?
    any advice is appreciated,

    thank you!

    #2
    Bump...

    anyone know if this is wrong?

    Comment


      #3
      They can add any charge allowed by the contract and that very well may be. You should check with your attorney.

      You say that the mortgage was not discharged. Are you sure about that? Did you reaffirm the mortgage by signing a reaffirmation agreement that was then filed with the court? If you didn't reaffirm the mortgage, then it is discharged with all of your debts. I sure hope you did not reaffirm, because you don't have to reaffirm a mortgage in order to keep paying and keep the house.

      If the mortgage was discharged, then your credit should not be further dinged by your failure to pay the charge. But, if the failure to pay the charge constitutes a default, then it could result in foreclosure.
      Last edited by LadyInTheRed; 09-01-2016, 06:33 PM.
      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!

      Comment


        #4
        No reaffirm, so I will make sure and find a way to pay that fee to prevent a default. thanks

        Comment

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