ok, nothing goes smooth in my life... and so as bankruptcy. CountryWide filed an objection on 2/12 and has "prayed" the judge:
1. for chapter 13 plan to be denied
2. to dismiss ch 13 proceeding
3. look for other relief as this court deems proper.
here's little story:
I filed for ch 13 on 12/31/08, that means snapshot of finances as on 12/31.
As of 12/31, 1) I was late by 3 months on my mortgage payment. 2) I was in the process of loan modification with CW and they had send me the modifications sometimes in November'08 BUT was effective on or after Jan 1st 09. But I accepted the offer.
So I took this paper (loan modification offer) to my attorney and told him that my mortgage payment is down by $478 per month (from 3378 to 2900). And CW has added 3 months of late payment to the principle.
By this time, attorney had already prepared the ch 13 application with the 'old' numbers and he didn't consider the latest numbers. He said don't worry since the new payment goes in effect after we file it (repeat: filed on 12/31, and new payment goes in effect on Jan 1st).
On the date of 341, as usual, I took oath that the number on application are right.
As of now, I've been making the payments since Jan and I'm current on the payments.
Now lil abt objection by CW:
the objects says that as of Dec 31st, I owe them ~$10,500 (three months payment that I was late on). And I should pay this amount separately on top of my monthly mortgage payments i.e. $2900 + 291 = $3191. (291 = 10,500/36)
On the second note, they stated that my monthly budget is only $200 and I can't make these payments and hence the case should be dismissed.
So, here're my worries/concerns.
1. CW knows that I'm current, then why are they messing it up?
2. The proposed plan has mortgage payment of $3378, and now this objection disclosed the new payment of $2900 to trustee and judge - that might prove me wrong while I took the oath. (but it was 3378 on 12/31)
3. CW has already added three months of late payment on top of my principle,
then how could they object?
4. (thinking too deep) If I'm screwed and the court decide to investigate my case, can my attorney say that I never disclose the new numbers to him? though I showed him all the papers I received from CW?
5. Did I screwed it up or my attorney?
I know it's lengthy, but pls comment on my situation.... what could happen?
pls.
1. for chapter 13 plan to be denied
2. to dismiss ch 13 proceeding
3. look for other relief as this court deems proper.
here's little story:
I filed for ch 13 on 12/31/08, that means snapshot of finances as on 12/31.
As of 12/31, 1) I was late by 3 months on my mortgage payment. 2) I was in the process of loan modification with CW and they had send me the modifications sometimes in November'08 BUT was effective on or after Jan 1st 09. But I accepted the offer.
So I took this paper (loan modification offer) to my attorney and told him that my mortgage payment is down by $478 per month (from 3378 to 2900). And CW has added 3 months of late payment to the principle.
By this time, attorney had already prepared the ch 13 application with the 'old' numbers and he didn't consider the latest numbers. He said don't worry since the new payment goes in effect after we file it (repeat: filed on 12/31, and new payment goes in effect on Jan 1st).
On the date of 341, as usual, I took oath that the number on application are right.
As of now, I've been making the payments since Jan and I'm current on the payments.
Now lil abt objection by CW:
the objects says that as of Dec 31st, I owe them ~$10,500 (three months payment that I was late on). And I should pay this amount separately on top of my monthly mortgage payments i.e. $2900 + 291 = $3191. (291 = 10,500/36)
On the second note, they stated that my monthly budget is only $200 and I can't make these payments and hence the case should be dismissed.
So, here're my worries/concerns.
1. CW knows that I'm current, then why are they messing it up?
2. The proposed plan has mortgage payment of $3378, and now this objection disclosed the new payment of $2900 to trustee and judge - that might prove me wrong while I took the oath. (but it was 3378 on 12/31)
3. CW has already added three months of late payment on top of my principle,
then how could they object?
4. (thinking too deep) If I'm screwed and the court decide to investigate my case, can my attorney say that I never disclose the new numbers to him? though I showed him all the papers I received from CW?
5. Did I screwed it up or my attorney?
I know it's lengthy, but pls comment on my situation.... what could happen?
pls.
My confirmation was held up almost a year due to WaMu's filing a claim stating we were behind by $150. Trustee objected to us paying mtg outside the plan since we were in arrears. It actually took all that time to convince the trustee we were not, nor had ever been, behind on our mortgage.
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