Can you explain pre post petition?? I just

[liwesas]

called to make a mortgage payment and my company tells me we are still in active BK(last payment was in April), that the payment that I am making today is for post petition July payment and that prepetition for June is due along with Aug and Sept!!! ACK our darn lawyer never mentioned any of this. She says we need to call him. We don't want to talk to him...we want a new lawyer. Can you help us please? This payment is 1,049.00 We thought we were all caught up. It feels like a nightmare!

[lrprn]

called to make a mortgage payment and my company tells me we are still in active BK(last payment was in April), that the payment that I am making today is for post petition July payment and that prepetition for June is due along with Aug and Sept!!! ACK our darn lawyer never mentioned any of this. She says we need to call him. We don't want to talk to him...we want a new lawyer. Can you help us please? This payment is 1,049.00 We thought we were all caught up. It feels like a nightmare!

First and most important question....has your Ch 13 case been officially discharged by the court? Did you receive the written notice that your Ch 13 case is closed from the court?

Mortgage companies have been playing all kinds of behind-the-scene games with Ch 13 filer mortgages like deliberately posting on-time payments late to force late fees that snowball during your Ch 13 without you seeing them on your "informational statements", "losing" payments in their accounting, etc....it's just plain nasty. You are going to need legal help to address this and get to the bottom of what's going on in this situation.

You need to see if your mortgage accounting meets your mortgage company's accounting. Can you go back to your own mortgage payment receipts and see that all payments truly have been sent and sent on time before the loan's actual due date (not with a grace period)?

Has your mortgage company been sending informational statements showing your payments have been accepted?

Does each informational statement show your principal, interest, and escrow (if your loan is set up to pay that)?

Has the balance of your loan prinicipal been going down the amount you expected each month during your Ch 13?

Whether you want to or not, you really must contact your current Ch 13 lawyer first. Most bk lawyers will not talk to a new client who has a currently retained lawyer.

Try not to panic. Start collecting proof you've paid your mortgage payments throughout your Ch 13. Your bank or credit union can help provide if you didn't keep statements or canceled checks. To fight this you need proof that's acceptable to the court. Start getting that together.

[liwesas]

thank you I am going to start working on those things

right now. I know we had some payments that where not by the due date. I will have to get it all together and take a good look at it and see what I come up with. Thanks so much for your advice.