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    citimortgage

    Just wondering if anyone has completed their 13 had mortgages with citimortgage. I was discharged in november. Citi reported that my mortgage was/is past due starting in August of 08 while im still under the automatic stay.

    I have copy of trustee ledger saying payment was made on August 1st. I also have copy of court order issued in September saying mortgage is current and all defaults are cured. Would this be enough to dispute this entry on my credit report?

    They have also not posted my november payment, the bk dept at citimortgage says funds will be applied after audit which could be a couple of months and then my account will go back to regular citimortgage.

    I dont know, seems like they are wanting to play games now that ive been discharged. They are still not really much help since Im still in the bk dept.

    Any thoughts or suggestions on what I should do?

    #2
    Sounds you are getting the post-13 game played where mortgage companies suddenly start finding all kinds of overdue payments and late fees right after discharge. It's a known problem - some 13ers have had to take their lenders to court to get the mess straightened out that the lenders created with their somewhat creative bookkeeping during the 13.

    First, get Citi to send you an accounting of EVERY MONTH you've been in Ch 13. If they won't provide that, hit them with a RESPA letter - http://www.hud.gov/offices/hsg/sfh/res/respamor.cfm . By law they must give you an accounting when you request it.

    Go over what they send with a fine-toothed comb. Match it against your own records for accuracy. Dispute any discrepancies you find.

    Last, if you can't resolve the issues, then talk to your 13 lawyer or a NACA attorney in your area - http://www.naca.net/

    I've been watching our lender (not Citi, but another huge mortgage lender) who is pulling shenanigans by deliberately posting our payments made well before the 1st after the 16th of the next month which sets us up for years of late fees when we're discharged in 2011.

    They deny vehemently that anything is going on, but there's just no reason for an electronic payment made by our bank between the 17th and 21st of every month 1-2 weeks before the payment is due on the 1st to then come out of our account on the 26th of every month but not be posted to our mortgage account until the 16th of the NEXT month - conveniently one day after our grace period ends. Come on....I wasn't born yesterday. And this has been going on for months. Our lawyer told us to keep meticulous records, keep making our payments through our bank's electronic bill pay, and we'll sort it out in court if necessary if they try to hit us with a bunch of late fees when we are discharged.

    So sorry you are having to deal with this after your long Ch 13 battle is finally over and won, wayne-o Hope you can get things straightened out without having to get a lawyer involved.
    Last edited by lrprn; 12-02-2007, 10:39 PM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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