Chapter 13 Advice.

[steve2008]

Thank you funspot08.

The claim amount on my secured was $26,631.66.It shows as of print out yesterday $12,545.48 principle owed 8/3/2008.On the chapter 13 website of my account.

There were 29 claims confirmed on 6/27/2006.

On our Trustee`s listing of claims all but 3 are left with a principle balance.

Principle showed left.

#1.Mortgage servicer principle owed $11,410.76.Scheduled amount $24,309.88 monthly payment $496.12

#2.Mortgage servicer arrears principle owed $1,135.72.Scheduled amount $1,736.02

#3.IRS Claim amount $2,234.38 principle owed $2,234.38 Scheduled amount $119.00

Mortgage servicers last month statement shows a principle balance $21,986.23 as of 7/24/08.when our Trustee report shows principle owed $12,546.48 as of 8/3/2008


Something is very fishy here dont you agree with what our mortgage servicers statements report compared to our Trustees report?

I will be mailing payment #28 today $668.00 with 20 more months to go.Also Friday 8/1/08 renewed our yearly homeowners insurance policy and the renewal date was not until Sept 27 2008.We try to keep things rolling early and thank God for a papertrail and help from people like you on this board that really do want to help.

Thank you.

Steve2008.

[funspot08]

Claim vs. Schedule

Steve,

When you filed each creditor had an amount that you (or attorney) put on the schedule of what you believed you owed. When the creditor made a claim, they verified the information and the claimed amount is how much you owe on.

So, based on what it looks like here:
"priority ------ secured ------- unsecured
Claimed ---$1,546.47 ------$73,702.72 ------$26,885.99
Scheduled ---$1,484.00 ------$27,183.96 -----$31,483.66
Principal Paid---$1,546.47------$17,608.48 ------ $23,055.10
Principal Owed---$0.00 ------ $0.00 -------- $3,830.89
"

If that number above is the unsecured creditors, you are paying on the 26,885.99, forget that the 31,483.66 exists.

[steve2008]

Thank you Moderator.

I did come here to get help not watch arguments.

Much respected lprn.

Steve2008.

[lrprn]

[May I ask what "BKP 1, Flam 0" represents?

Flamingo, please take this flame war between the you and BKParalegal to PM. It's hijacking threads and distracting everyone from providing the answers the original poster needs.

Frankly I suggest completely ignoring this type of internet forum "poke the bear" antics. Trying earnestly to defend yourself is exactly what a flamer is after and it just escalates the fire. As hard as it is, please immediately report further incidents like this as problem posts and let us mods deal with it - that's why we're here.

[lrprn]

BKP 1, FLam 0

BKParalegal, correcting information is one thing, but this "score" is completely unnecessary.

If you meant what you said in another post that you are here trying to help folks with their bk issues, that doesn't jive with this kind of unnecessary, "in your face" member baiting.

If this behavior happens again, you will receive a 7-day ban from posting. If it still continues, then you will be permanently banned (a shame because you have a lot to give to the posters here). Consider this your one warning.

[steve2008]

Thank you Arkienurse.

I sent this complaint to my Trustee`s office:



Me and my wife filed a chapter 13 bankruptcy April 12th 2006 in north louisiana/shreveport for 48 months.Our Trustee {Name}has been paying our mortgage servicer $496.12 a month faithfully out of $668.00 a month.Our Trustee sends us a yearly periodical report one in June 07 one in June 08 we are very thankful for.

The mortgage servicers {name} upon our filing reported two claims to be payed to them 100%.One was for $24,309.88 and one claim for arrears $2,321.78 for a total of $26,631.66


The mortgage servicer has been sending us statements off and on since we filed with a return envelope.Their statements do not reflect in no way what our Trustee Mr {name} reports.Our Trustee reports we owe the mortgage servicer $12,546.48.Our mortgage servicer on their last statement in July was a reflection as of 7/24/08 $21,986.23



The difference is $9,439.75 .Our mortgage servicer is clearly not applying this money to our debt they claimed.We are exempt from property taxes they know of and still charge and hold in Escrow.We keep our own private homeowners insurance that will cover up to $30,000.00 in loss and they force their own insurance that is held in Escrow.We fax them proof and send them proof by certified snail mail.

Our mortgage servicer has so many errors showing from escrow to principle balances that clearly is misinformation and fraud.I have all these documents to back these allegations up.Our Mortgage Servicers statements also reflect interest of 11.6250%

What could a poor disabled man and his hard working wife do knowing these errors?I see a violation of the Automatic Stay by sending me mail with return envelopes and not reflecting our Trustee`s balances owed ect.They were notified by our Attorney of the BankRuptcy we filed and not to mail or call us.

Could our mortgage servicer be committing BankRuptcy fraud and violating the Automatic Stay and Chief Judge {name} along with United State Government Court Rules?

My mother died in March 2006 of a fatal heart attack after trying to deal with this same predatory mortgage servicer.My mother and wife were at that time on the Mortgage my mother primary my wife secondary.Mortgage servicer {name} was notified of my mothers death with a copy of the death certificate.The property reverted to me and my sister 50/50.A succession was done then my sister donated me her 1/2.The mortgage servicer still sends statements in my mothers dead name when they know she is dead they were faxed this proof.They actually killed my mother by getting her so angry when they sent her forecloser papers on land she payed the notes on before the due date by western union quick collect 9 days early that they always posted as late ect.Her last day alive was ended shortly after her phone conversation with them March 16th 2006 at 61years old.

Me and my wife were forced into BankRuptcy to save our home I have lived in since 1971 and my wife since we were married July 27th 1988.

I pray for your most needed help for Justice.

Mortgage Servicer.
Name

Address
Loan #

Our BankRuptcy case #


Thank you for listening.

God bless America and its Citizens Constitutional Rights as Ordered by our Judges and Court`s Rulings and Protections under USA Government Law and Order.

Steve last name
Address
ph#

PS.Our case is 100% to be payed on all creditors claim.

We only owe our mortgage servicer according to the Trustee report $12,546.48

My research has revealed their little criminal plans.

[arkienurse]

I was wondering about how to interpret this?

Off my listing of claims summary.

Mortgage payments [Current].

{Priority}{Secured}{Unsecured}

{Claim Amount} $2,234.38-$26,631.66-$7,459.19 = Total $36,325.23
{Principle paid} $0.00 $14,085.18 $0.00 = Total $14,085.18
{Interest payed} $0.00
{Scheduled Amount} $119.00-$26,045.90-$16,565.79 = Total $42,730.69
{Principle owed} $2,234.38-$12,546.48-$0.00 = Total $14,780.86

I just printed these numbers off from my chapter 13 case online.

What is the difference between principle owed and scheduled amount?

Thank you.

Steven2008

If I have it figured right, scheduled amount is what you would have owed if everyone had filed their claims. Principle owed is what they calculate you still have left to pay. I think- if I have grasped my own numbers correctly.!!!


Just for fun, and to help me remember I just now logged onto my trustee's website and copied my numbers. This is what it is showing on the payee's page. ( and remember I have been closed for almost a year. At one point I thought I would have to pay the 3800 because we were originally 100% payback- got changed to a pro rata that ended up being 84.61% for the unsecured claims)...............

priority ------ secured ------- unsecured
Claimed ---$1,546.47 ------$73,702.72 ------$26,885.99
Scheduled ---$1,484.00 ------$27,183.96 -----$31,483.66
Principal Paid---$1,546.47------$17,608.48 ------ $23,055.10
Principal Owed---$0.00 ------ $0.00 -------- $3,830.89




So if you are less than 100%, you might not have to pay every cent that is listed under principle owed.


Does this help any at all? And did you get any of the tstorms last night? I am on the Ouachita and can here thunder in the distance again

[steve2008]

I was wondering about how to interpret this?

Off my listing of claims summary.

Mortgage payments [Current].

{Priority}{Secured}{Unsecured}

{Claim Amount} $2,234.38-$26,631.66-$7,459.19 = Total $36,325.23
{Principle paid} $0.00 $14,085.18 $0.00 = Total $14,085.18
{Interest payed} $0.00
{Scheduled Amount} $119.00-$26,045.90-$16,565.79 = Total $42,730.69
{Principle owed} $2,234.38-$12,546.48-$0.00 = Total $14,780.86

I just printed these numbers off from my chapter 13 case online.

What is the difference between principle owed and scheduled amount?

Thank you.

Steven2008

[BKParalegal]

The information on your pay schedules on the Trustee's website are your best weapons. I guarantee your attorney won't be able to decipher the mortgage statements any better than you, so save your money. Again, you have the Proof of Claim as your ally, it really doesn't matter what the Mortgage company says, as long as they can 100% of the POC, you are golden.

Good Luck

BKP2, Flam 0

[steve2008]

The statements from our mortgage servicer has a special BankRuptcy Department.Our mortgage servicer`s claim is to be payed 100%.The Trustee is sending them $496.12 a month and our mortgage servicer`s statement`s prove they are getting payed monthly by our Trustee.Our Trustee`s report tells a totally different story in reporting than the mortgage servicer.

Their biggest mistake is where they send out statements with return envelopes in the 1st place.This is clear evidence they are expecting you to send them money.WRONG and this is a violation of the Automatic Stay,no way out of it.Case after case has been awarded big money because of this very same thing happening to me and my wife.

These statements come with a return envelope.One bankruptcy Attorney has on his website in maine that if his clients get statements with return envelopes this is clearly an intention to collect on the debt outside the bankruptcy and he will prosecute them to the full extent of the law.

My Attorney wants an extra $200.00 an hour to help me even though he has been payed almost $3000.00.Monday I am seeking Legal Aid because I do qualify according to their standards.I will be doing a Respa request that the mortgage servicer will either produce detailed transactions or pay the penalty.

I will see my Attorney face to face with my Trustee Periodicals along with my mortgage servicer`s statements.I am going to file a complaint with Hud.If my Attorney has wronged me I will sue him along with the rest of the crooks.

I have a great deal of money coming off a settlement where I lost half the funtion of my middle left finger in December.

Money is all they want and when you do not follow the rules you pay big.It only seems right that if they break the rules they should pay big also.

The mortgage servicer is getting payed 100% of their claim an nothing more and nothing less.Discharge means discharge and if I am paying them 100% of their claim that means just that.If I was paying a car note and payed it off what difference would it be for them to send me a statement demanding another $5000.00 they just so happened to forget?Criminal Fools is what they are.

I have looked at the periodical`s very close and some of my debts have zero balance owed because they were payed 100% of their claims.They have not contacted me wanting some more money.100% is 100% not 100% of a claim to be payed with another 100% after discharge.This is the most illegal trick in the book which this old poor boy will not tolerate.

Thank you.

Steve2008.

[Flamingo]

Not true Flamingo, in regards to working with the Trustee. They have neither time nor th patience to do this, which is why they have all your information on pay schedules on their website. It only has to do with the mortgage lender. The mortgage lender is bound by the Proof of Claim they filed. If they screwed up and filed the wrong amount, it is too bad for them, if an only if you complete your Chapter 13 plan. Matter of fact, if you do complete your plan, and they don't release their lien on your home, then there may be some lawsuit money in it for you. I wouldn't get worked up until you are on the home stretch.

BKP 1, FLam 0

May I ask what "BKP 1, Flam 0" represents? I did not post to the OP in competition with you, I posted direct to the OP. Let's have some class, shall we? If the OP is getting letters and other correspondence from his mortgage company over the past two years, by all means since he is represented by an attorney and his mortgage payments are being paid by the trustee to the mortgage lender he needs to get that correspondence in to get straighted out by the attorney and/or trustee. He is protected under the filing, as I stated, and the OP has nothing to worry about. However, he paid for reprensentation and is entitled to get things straightened out as it is not his fault and apparently has had no reassurance or contact about this, just a listing that his payments were received by the Trustee. You say trustees neither have the time nor patience to do this - that is a blanket statement and cannot be considered as many do and many don't. It is not right for the OP to continue to receive two years of misinformation from the mortgagor and it is his right to have it looked into.

[BKParalegal]

Not true Flamingo, in regards to working with the Trustee. They have neither time nor th patience to do this, which is why they have all your information on pay schedules on their website. It only has to do with the mortgage lender. The mortgage lender is bound by the Proof of Claim they filed. If they screwed up and filed the wrong amount, it is too bad for them, if an only if you complete your Chapter 13 plan. Matter of fact, if you do complete your plan, and they don't release their lien on your home, then there may be some lawsuit money in it for you. I wouldn't get worked up until you are on the home stretch.

BKP 1, FLam 0

[Flamingo]

I just had the chance to read your initial posting Steve...Your mortgage holder apparently has no BK section as most mortgage lenders have. When a BK is filed and a mortgage is involved, that mortgage will get sent to that mortgage section. It almost always has a different address than where the original mortgage payments were sent. Your trustee would have been given that information by your mortgage lender as to where to send the payments since your Trustee is making the payments.

Since the trustee is making these payments for your and his records are showing receipt of your payments and a running correct account of payments made to the mortgage lender, someone at the mortgage lender is not either getting these payments or is not posting them correctly. Your attorney should be working with your trustee to get this squared away and there should be no added fees involved. Your Trustee needs to know what is going on as to what you are receiving from your mortgage lender so this matter can be looked into. Since your trustee is making payments for you, every time you receive one of those letters from your mortgage lender, the attorney should be given a copy and I would also send a copy to the Trustee with your case number noted on it.

May I suggest that you make copies of the recent correspondence from your mortgage lender and a copy of your most recent statement that you have from the trustee and hand delivery it to your attorney's office (sending a copy to your trustee also) and demand immediate attention to the matter. The trustee will not deal with you directly since you have an attorney but the copy to him may prompt some action.

You are protected by your Chapter 13. This will get resolved and corrected. You have no concern because you have made all your Plan payments on time and in full and have complied with your Plan requirements.

[BKParalegal]

As a former employee in the default servicing department of a large bank, I will tell you this. Most banks at one time and some still are not equipped to handle Chapter 13 payments in a seemless fashion. In short I will explain, some BK districts around the country have the debtor pay the arrears and the current mortgage all within the Chapter 13, some just the arrears, and then pay the current direct. Some are set up in a pro-rata payment, meaning the debt in the Chapter 13 plan is paid a portion at a time starting at some point in the term of the BK, some are paid fixed, where an exact amount is paid to the creditor every month. Lastly, if you are in a district where you pay your current mortgage in the Chapter 13 plan. This does not mean the Trustee sends the payment every month. He is pools that money and can uses it to pay Class 1 debt ( Attorney fees, IRS, etc.) and then when they are paid first, then he sends money to the mortgage company. There are some districts where I would get 2 checks from the trustee, 1 check for the current mortgage payments, and 1 for the arrears. Problem is there was no explanation for each check, I would have to figure out what goes where. And it wasn't like the current mortgage check matched what the current payment was. Sometimes it would be a payment and a half. So what would I have to do?? I would use what I could to make a payment and put the rest into your ESCROW account until there was enough to make another payment. Also, the bank software might be smart enough to stop charging late fees regarding the arrears that were put into the BK, but it was not tailored to know each states rules on paying the current mortgage payment, and so it would charge a late fee, if the trustee didn't send your payment on time. We had to audit those accounts and back out the "erroneous" late charges. The reality of it with the banks is that less than 40% of all Chapter 13's complete their plan. So when it came time to an actual discharge, we would audit the mortgage and fix all the problems based on the original claim so that everything was paid accordingly. When you are within the last 90 days of your Chapter 13, that is when I would request a payment history of your mortgage and see where they were at.

Good Luck!

[steve2008]

Casdem1.

My deed holder is The Provident Bank d/b/a PCFS Financial Services Inc.An Ohio Corporation as registered in my county Court house.Yes these crooked Mortgage servicers so-called rob you while you are under a bankruptcy.They do not apply what the Trustee is paying them to their claim.

My research is showing just how these crooked criminals conduct business.

#1.During a bankruptcy it is our right to a Respa request to compare with our Trustee`s yearly periodical reports.

They will surprise you when you least expect it upon discharge.