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Refinance Mortgage during active Chapter 13, because of Nationstar's actions

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  • Refinance Mortgage during active Chapter 13, because of Nationstar's actions

    My mortgage is paid outside of my plan. Nationstar keeps taking advantage of this situation by claiming arrears that aren't there and by hiring local attorneys to analyze my escrow
    and monthly payment amount ( this has been done twice resulting in $1300 in attorney fees they are supposedly adding to my loan principal balance). My attorney said this is normal activity but
    I feel like Nationstar is taking advantage of my situation for all it's worth. Can I refinance with a better mortgage company at this point? I have 53 trustee payments to go. Thanks in Advance

  • #2
    You need to be at least one year into your plan before you can seek financing options from sources like FHA. If I were your attorney, I would have gone back into the bankruptcy court to make them prove the arrears and additional fees (if they are related to escrow calculations and not late payments).
    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.


    • #3
      Nationstar is not exactly known for doing things correctly. Or honestly.

      During my Chapter 7, I reaffirmed my mortgage. Before discharge, Nationstar changed my escrow, but never notified me or my attorney. So for months, I'm not paying enough. Finally my insurance company had trouble with them, so I called. According to them, I was almost a month behind on payments! And of course, they claimed they had mailed my attorney about the escrow change, so it wasn't their fault.

      My attorney said they never received it, so we demanded a copy of the notification they had sent my attorney. Nationstar faxed the copy to me (not my attorney) and guess whose address was on the notice? MY EX-WIFE. Nationstar had mixed up my attorney with my ex. (And when I asked my ex, she said she just threw all my mail away when she got it.)

      Nationstar then tried to charge me a few hundred bucks in fees to fix all this. My attorney shut them down with the sentence: "How about we ask the judge what HE thinks?" They backed off quickly, and I made a payment over the phone to catch up the payments.

      It's all fixed now, and I call them each month for the payment application breakdown (they won't mail me a statement.) Nationstar is the poster child of why mortagees should be able to request a new servicer.


      • #4
        FYI ...... if you have a Fannie Mae and Freddie Mac loan ,you can still do a HARP . It was extend till 12/31/2018. also you can do FHA ,BUT will have PMI.

        We did a HARP when we were in CH 13. Good Luck


        • #5
          Who did your HARP refi? I cant get my attorney to do anything about this, he acts like nothing can be done. Thanks for the replies.


          • #6
            We started with Loan Depot. Till we found out our mortgage co[ seterus] had messed up the payment history. You have to have 12 months on time payments.
            6 months later Got that fixed. We started over , and we used Quicken.
            Quicken has it down to a ART. From start to closing took 33 days.


            • #7
              I was denied by Quicken. I already did Harp 2 in 2013. I guess I'm at NationStar's mercy. Thanks


              • #8
                FHA requires that you make 1 year of on time Chap 13 payments before you can qualify for an FHA loan. Some lenders will have requirements beyond the FHA requirements.

                So, wait until you have made a year in payments and try again if you think the cost of a refi is worth leaving NationStar. When you contact lenders, tell them up front about your bankruptcy so that you will know if that will disqualify you before they run a credit check.
                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!


                • #9
                  Okay I will do the math again in April of 18' thanks


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