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Anyone with a Washington Mutual Mortgage?

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    Anyone with a Washington Mutual Mortgage?

    I've been making my original ontime mortgage payments of $472.00 to Washington Mutual since filing in November 07. I originally got into financial trouble because of falling behind on property taxes (no escrow),which they then paid. Subsequently they raised my mortgage payment from $472.00 to $1898.00/month causing my delema. My current plan calls for me to pay my original monthly payment and all property and school taxes due which I have to date.

    Their filed claim states $13,000.00 is owed while my last statement shows only $6500.00 behind. They have been receiving some payments from the trustee, not enough to cover the difference and they seem to apply the payments where ever they deem fit interest...late fees...and not necessarily to reduce the claimed amount. Should I be contacting them directly about my concerns or refer it to my attorney. Anyone dealing with Washington Mutual while in chapter13?
    Chapter 13 Filed: 11/7/07
    341: 12/11/07
    Confirmed: 2/17/08

    #2
    You can try to get this straightened out with them first, but document everything, keep a log etc. If not satisfaction, contact your attorney and send a copy to the trustee.

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      #3
      We are filing C7. Wamu is our 1st mortgage holder. We are current and plan on staying in the house. So, hopefully we won't run into a problem. We have always had our insurance and taxes escrowed, worked out better atleast for us.

      Good luck and I do hope you can work this all out. I will be watching this post to see if any other filers have run into problems with wamu.
      Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

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        #4
        It was hard to adjust to Wamu accounting practices. The bank does not send statements to notify the Ch. 13 filers of the status of their account. We had a similar increase but was unaware until Wamu asked for a release of stay.

        Our account was sold to Wells Fargo and they send out monthly updates of the payments. Their statements clearly states that they are not soliciting payments but it clearly states the amount due. Additionally, they lists the previous monthly payments.
        09/16/2004 - Filed Ch 13
        10/28/2004 - 341 Meeting - done
        12/16/2004 - Date Confirmed
        - Date Closed

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          #5
          I have been getting a statement about every 3 months...clearly saying they are not seeking payments. The statement shows the undefined application of money received to many categories the major amount going to "unapplied funds/subsidies".
          Chapter 13 Filed: 11/7/07
          341: 12/11/07
          Confirmed: 2/17/08

          Comment


            #6
            WaMu really messed with us. I was three months behind on the mortgage payments when I filed; it was the primary reason for filing. So, I end up in a Chapter 13- with the arrearages being distributed by the trustee from the monthly plan payment. I was still responsible for paying the current mortgage payments each month. No problem...or so I thought...

            TWO YEARS into the plan, I get a motion to vacate the stay from WaMu; because I am three months behind on my payments! Now, I'd been paying religiously every month; not taking any chances with my house. I had everything documented and copies of every payment I had made. Even so, they claim the first three payments after I filed were never made. Even when I send them copies of the cancelled checks that SHOW that I made the payments- and that they cashed them.

            My lawyer (what a SCHMUCK!) tells me not to worry; he has all the documentation he needs and it will end up beind dismissed. So, the court date comes and goes...without any word from my lawyer, even though I have repeatedly called for the status.

            Then, I get the documentation from the court. The case was decided in WaMu's favor. They did not vacate the stay- but I had to make those payments again- or my house would be foreclosed on.

            While I have never been able to get it satisfactorily resolved, and had to pay those three months again, I eventually did find out what happened They took my first three post petition payments to pay my pre-petition arrears. Which I then paid AGAIN because of the court order. And, if my calculations are right, were paid a THIRD time through the payments made to them over the life of the bankruptcy via my trustee payments.

            And yet...at discharge- they are STILL claiming that, somehow, even though my trustee made all scheduled payments and I have not had a single late payment in 60 months- that I owe an addition $1,249.00 in "late fees"!

            Good luck to anybody that has to deal with these folks in the future. They finally sold my loan to Wells Fargo- and I could not be happier! Except that now, with two financial institutions involved, it's even harder trying to figure out what WaMu did with all that money.

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              #7
              WaMu objected to our 13. They kept saying we owed 150 and objected to our paying the mortgage outside the 13 with an arrearage. Of course trustee was siding with them. This went on for almost a year. Finally when they sent us our yearly increase of payment notice, they also sent a check for the overage we had in our escrow account. I marched the check to my lawyer, with the statement " If I owe them money, WHY did they send me a check where I had paid too much" FINALLY the lawyer and trustee could see what I had been trying to say. The trustee withdrew her objection and confirmed our plan within the next 2 weeks. What WaMu was trying to charge us for was their lawyer fees to send us a proof of claim when we filed.
              Chapter 13 filed -8/12/04
              Plan approved- 7/11/05
              Date discharged--10-12-2007
              Date closed- 12/6/2007:yes2::yes2:

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                #8
                It seems this is a problem with C13, does anyone know how they handled a C7? We have never been late, matter of fact this is the one bill that is auto pay with our checking, no chance of ever being late. Will they have a problem with us staying current on our home? We aren't filing on our house, we fully intend to keep paying and are willing to reaffirm if they ask. I don't want anything to come up that we aren't prepared for. Our second is with Citimortgage. We have never been late on it either. We will reaffirm with them also if asked. The most important thing with this is to protect our home. We have little equity at this point, lost it by getting the second mortgage. I hope we don't run into a problem with either Wamu or Citimortgage. Anyone who has filed C7 and had Wamu as their mortgage co I would appreciate your experience with them when you are current. Thanks!
                Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

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