What can we do

[liwesas]

We just ended our 13. When we first started our lawyer sent us a letter which stated that we owed 40,000 on our 2nd mortgage and that 25,000 of that was being paid in the plan. He had told us previously that we would be done paying this mortgage after the 13 was completed. Now he is saying he doesn't know the total wasn't included in the plan. The mortgage company has been paid 25,000 in the last 5 years. We have not heard a thing from them even in the last 2 months since we made our last payment to the trustee. According to the paperwork from the trustee the 25,000 is listed as secured and paid in full. The rest is listed as a nonsecured credit and is listed as not being paid off. When we called the mortgage company they said we still owed 28,000!!! We thougth we would be paid off this darn things. Is ther anything we can do? HELP! THANKS

[lrprn]

First, congratulations on making it to the end of your Ch 13 - fantastic!

So let's see if I got this right.....you have a $40K second mortgage that was paid $25K during your bankruptcy. The remaining $15K was listed as non-secured credit? (Have questions about this.) And now your 2nd mortgage company says you owe them $28K.

I'm curious....how can any part of a mortgage be considered non-secured credit???

It's unusual for mortgages to be paid in full during Ch 13. Since I'm sure the mortgage company did not consider $15K of your original $40K loan to be unsecured, then over the last five years, that $15K plus late fees could very well equal the $28K they say you owe now. Have you made payments on the 2nd mortgage loan since your discharge?

Ask your second mortgage company for an accounting of your loan payments and balances over the last five years to see what's been going on with the $15K they didn't receive.

Your problem may well lie in calling the $15K unsecured when it was not. How did your lawyer explain to you that this $15K was unsecured?

[liwesas]

our lawyer messed up

ok, I will try to explain. We borrowed about 40,000 with the interest ect it was much much more that we would have to pay back in 20 year loan. Our lawyer told us that we could put into our plan and pay it off at the end of the 5 years BUT he only put in 25,000 of the 40,000, leaving out the rest. SO the trustee sent us updates and listed the rest of the mortgage as unsecured and that it would not be paid in full. He listed the 25,000 as arrears(SP?). In all of this time the mortgage company (HOUSEHOLD) has not contacted us or phoned us. They recieve the monthly payments from the trustee. The payments where less than our required payment of 683.00. They never questioned anything other than to say that we owed them 40,000 not 25,000 as per our lawyer. I don't know what we can do. It just doesn't seem fair. Our arrears was MUCH smaller than 25,000 it was around 3,000, we worked our butts off to pay that thinking we where done. I hope that is a little clearer. OH we have not made any payments or have recieved anything from the mortgage company. Our lawyer said he called them and said we still owe 28,000(thats where that number came from) I don't know whether to see another lawyer or just call the mortgage company and try and straighten this out and get a payment that we can handle better.?? Thanks for your help.