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Mortgage fees/etc at the END of a Ch 13, and future new Mortgage

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    Question Mortgage fees/etc at the END of a Ch 13, and future new Mortgage

    100% paid Ch 13. I've been logging into NDC and keeping an eye on things. Knew I would be done about 3 months early with all the payments (5 year plan). Made the last payment last month. 5 years is up in May '24. Be nice to have the Discharge here shortly...but....a question arose...



    A couple of questions (and, yes, I let the Attorney know, so he may have the same or different answers, but he's a very busy guy and I'm only sending an email for now. Found this website and thought I'd ask here too):


    My Mortgage company has this on every month's statement that I can access. Sadly I can't go back to the beginning of the Ch 13 to check everything:

    1970559576_FreedomStatement.png.6515e78c59e0045acf36727edddf99e7.png



    Still can't figure out where the $3336.74 came from. I'm up to date on the Mortgage, at one point in the Ch 13, I fell behind, but there was a stipulation on how to catch up, including their fees, which was fully done. The Trustee filed a form 4100N 'Notice of Final Cure Payment' to Mortgage Company from the Trustee (they have 21 days to contest the amount). Shows the $17252.02 paid for their claim (and the dates paid in 2020/2021). Can we (my Attorney) contest the $3336.74 if they make a claim on it since we don't know where it came from? Just to be safe, I'm going to throw the last 3 budgeted payments into savings (more than that $3.3k) to be safe in case I do have to pay it.

    Mortgage is fully current.



    On to the Future:

    The house wasn't 'foreclosed' on (technically). Nothing was filed with the local courts (notice was sent by the Mortgage holder's attorney of the 'right to cure (I think was the term), but nothing filed with the court...so I filed the Ch 13 because it would have been done fairly quickly.

    Will that effect my getting a future mortgage (in 1-2 years)? There's a divorce that's going to be involved...wife contributed nothing both before and during the Chapter 13, despite having a reasonably good job, etc. Takes 2 to tango, so I'm sure some of the fault is mine, but it's over and done. File for Divorce, force the sale of the current house (I'm working out of the area in a much cheaper cost of living area, wife couldn't afford the house and couldn't (won't even pay on a $300 Credit One bank Visa) be able to qualify for any kind of a Refinance to get me off the Mortgage). Should have well over 20% (and even as much as 50%+) down on a new home here once we split the equity, if that makes any kind of a difference.

    #2
    Did you ever get an answer here about the additional fees? There are some circumstances that are common. Taxes or insurance went up, so they had to fund the escrow account more than expected and created additional arrears that were not planned for. With the amount homeowner's insurance has gone up around the country, that has been incredibly common. Additionally, mortgage servicers have found was to tack on legal fees at the end now. Meaning they are charging you for THEIR attorney fees. Not all lenders do it, but a lot are starting to.

    Future mortgage will only be impacted if you start going late on bills after the bankruptcy is discharged. Even small credit card lates can create a risk so do your best to keep everything on-time and especially no 30 day lates, specifically on the mortgage and installment loans. Technically you can do a loan 1 day out of discharge so if you need it less than 1-2 years, paid the bankruptcy on time and payments after the discharge are on-time, you can certainly do it sooner than you think

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      #3
      I got the mortgage companies statement (through their law firm). An awful lot of nickle and dime fees added together ($30?) a month for a couple of months for 'property inspection', some 'late fees' (even though they've been sitting on more than a month's payment since December), etc. They cleared out the 'suspense' account (my paying over the regular payment) to cover the fees. None of the fees every showed up in any monthly statement, just after the Trustee sent his letter to the Mortgage co. I made sure it was paid up to date by the day of the discharge.

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        #4
        afarr. I am also in 100% Chapter 13. With my little additional payment per month, I am going to finish my 5 year plan in 4 years and 6 months. I am 4 months away now to make all my 100%. Couple of questions.

        Do I have to continue making payments after covering the 100%? Or the Trustee will move to completion? I want to know if once I covered all my payments, I don't have to continue till 5 years.

        I also have a mortgage payment, that I pay outside the plan. In the first month when I started, they added an attorney fee ($1200.00). I called them and they told me that it will be removed once the bankruptcy is finished. I get every month my statements, and I have paid every single one with no delay. The $1200.00 shows every month. I was wondering if it will go away or do I have to eventually pay. any idea?

        Thank you and congratulations for completing yours!




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