Chapter 13 Advice.

[lrprn]

I did read about a mtg company that had to fork over millions in a lawsuit for racking up all kinds of frivolous charges and fees to a person in a chapter 13. I wish I could remember the name of the mtg company.

One recent notable Ch 13 debtor vs mortgage lender case is Jones vs. Wells Fargo (although this case did not cost Wells Fargo millions - just about $100K when the dust settled).

Here's the link to Part 1 of 6 describing the case - http://www.************************/...ptcy-part-one/ . The link to the next page is at the bottom of each webpage.

This article should be required reading for every Ch 13 filer who keeps their house with or without reaffirming after filing. The financial games being played by mortgage companies while filers are in Ch 13 can be very hard to spot. This article helps know what to look for when your mortgage company is quietly screwing you behind the scenes.

[casdem1]

Who holds your mortgage? Mine is HSBC and I am confident they will do the same thing to me as what you are describing. I did read about a mtg company that had to fork over millions in a lawsuit for racking up all kinds of frivolous charges and fees to a person in a chapter 13. I wish I could remember the name of the mtg company.

[steve2008]

RRockinggrandmma.

Thank you.

If I contacted my mortgage Lender with a Respa request as evil as they are they would probably file a motion to lift the automatic stay saying I violated by contacting them.

The predatory mortgage servicers are very well trained in every illegal trick in the book to rob you and even to get you so angry to cause you to die of a massive heart attack as the evil devils did my 61 year old mother in March of 2006.

I was also told I can`t contact my Trustee dealing with legal matters or he would file a motion for a discharge???

It seems my Attorney will not return a responce by snail mail unless it is to remind me to send them a copy of my tax return for my Trustee or to send them a copy of our yearly home owners insurance renewal.

I am doing my best not to give any excuses for the Trustee to file a motion for discharge nor give my mortgage servicer a excuse to trick me so then can file a motion to lift the automatic stay ect.

I am quite sure someone here in this forum has the knowledge of a step by step plan in order for what I need to do.Just praying and waiting.Forgive me of my ignorance.

I think it is good that I am aware of this 21 months ahead of time and do have time on my side to like larry the cable guy would say GIT-R-DONE.

Thank you.

Steve2008.

[rrockinggramma]

I would contact your attorney and copy the letter to the trustee and to the mortgage servicer demanding an accounting of the payments by the trustee and how they were applied to the mortgage. I have seen many times where people complete their plan and find out that they still owe thousands because the mortgage company applied the monies to "late fees" and interest and not to the balance claimed. I would be on top of this. Send letters RRR

[steve2008]

Hello Big John.

No legal aid is out of the question.My wife works and no matter how much money you pay out here they look at your income not your outcome.I sent my attorney a letter a while back complaining of this matter,but still today haven`t received a reply from him.

Also I was reading of someone that went through the same thing I am but was not aware of it until after her discharge and they had to pay big for foreclosing on her home after her discharge from the debt.It seems even though I am paying the claim amount back 100% they will try to surprise me with bogus interest fee`s ect.I thought that under a chapter 13 bankruptcy the debtor was protected from interest on the claim???

I will do my best to surprise them before my plan is complete.

I was wondering if there is a complaint form for alleged violation of the automatic stay and who do I send it to?

I have emailed several bankruptcy firms asking this question and either they are ignorant as I am about it or they just dont want to respond with an answer???

Thank you.

Steve2008

[BigJohn]

I am handicapped/disabled. From what I see, some people realize you can not afford a lawyer so they do a lot of nasty stuff.

Can you qualify for legal aid?

My next step is to see if your lawyer can straighten this mess up and see if he can charge the other part(ies) if they have made violations.

[arkienurse]

Oh man. I have no idea. I would call my lawyer and tell them what is going on. It might be worth a little bit to get it all settled.

[steve2008]

Can anyone please give me and my wife some good orderly advice on this Chapter 13 mess we see happening before our very eyes on paper with the crazy numbers reported by one of our creditors.

Me and my wife filed a Chapter 13 Bankruptcy in April 2006 in Shreveport La.The case is for 48 months.Our Chapter 13 Trustee is paying our Mortgage Servicer $496.12 a month.We have paid faithfully August 3rd will be our 28th payment.$496.12 comes out of our $668.00 payment to our Trustee and goes straight to our Mortgage Servicer .

#1.Our mortgage servicer`s claim 1st claim amount. when we filed $24,309.00 in April 2006.

#2.Our mortgage servicer`s claim 2nd claim amount.when we filed $2,321.00 in April 2006.

#3.100% of our mortgage servicer`s claim`s to be payed on both by our Trustee equals $26,630.00.

#4.Trustees yearly periodical report June 6th 2007 showing payed into our mortgage servicer`s claim equals $6,793.43.

#5.As of June 6th 2007 balance owed to our mortgage servicer equals $19,836.57

#6.Trustees yearly periodical report June 6th 2008 showing payed into our mortgage servicer`s claim equals $6,632.11

#7.As of June 6th 2008 balance owed to our mortgage servicer reported by our Trustee equals $13,204.46

All of the above remind you is our Chapter 13 Trustee`s yearly periodical reports since we have been paying into our plan faithfully since in April 2006.

Our Attorney ordered us to keep our own personal homeowners Insurance to cover up to our mortgage servicer`s claim that covers up to the $26,630.00 that was their claim or they could file a motion to lift the Automatic Stay.Me and my wife has faithfully payed into our case and have faithfully kept homeowners Insurance that will cover up to $30,000.00 in loss.

We believe the mortgage servicer has violated the court`s Automatic Stay by sending monthly statements that show the following along with RETURN ENVELOPES.

#1.Our mortgage servicer`s monthly statements do not reflect the balance of our Trustee`s periodical reports.Our mortgage servicer`s statements show a principle balance owed as of July 24th 2008.$21,986.23

#2.Our Trustee`s peridical report for June 6th 2008 shows a balance owed to our mortgage servicer of $13,204.46.

#3.Our mortgage servicer`s statement as of July 24th 2008 shows a principle balance again owed of $21,986.23.

#4.The difference of the Trustee`s periodical report and our mortgage servicer monthly statement both are only roughly a month apart but still shows the mortgage servicer`s claim is still $8,781.77 more than our Trustee shows we owe.Where did this $8,781.77 vanish to?

#5.There my friends is a huge difference here as you can see.Our mortgage servicer on the monthly statements they send has an Escrow account all over the place.I see our mortgage servicer`s in some type of violation with their crazy numbers on the statements they send us.It seems our mortgage servicer, only applies to the principle balance of what they see fit and pocket the rest.I see our mortgage servicer holding money out for an Escrow Account on our account for their own personal Insurance and property taxes that me and my wifes home is EXEMPT FROM PROPERTY TAXES.

I also see illegal interest being charged here of almost 12%

#6.Me and my wife keep our own homeowners Insurance and we pay it monthly and faithfully and when it is time to renew it we fax our mortgage servicer a copy of the policy and proof we are TAX EXEMPT,but they continue to ignore the proof and continue with their criminal illegal robberies even under the Federal Governments rules and regulations.

I wanted to ask someone what is your opinion of this crooked mess and what could you advise a disabled man on a monthly fixed income to do?

How can the Trustee report to us show relief coming, and our mortgage servicer I believe to be in violation of the Automatic, stay report to us no progress coming?

Do I carry this complaint to my Bankruptcy Lawyer and will he charge me?

I can`t afford to pay my attorney $200.00 an hour.He has been payed over $2500.00 already through our Trustee.The job is not finished and my attorney has been payed.


Thank you for you much needed help.

Thank you.

Steve2008.