getting closer to filing chapter 13. we have been waiting for the 6 month look back not to include my unemployment payments which are done. I closed my wells fargo checking acct, moved to another bank. I have been making mortgage payments on time every month for 6 years. Apr 4 walked into branch paid the bill have receipt indicating payment applied to mortgage. Received call from WF on the 14th asking me where my payment was. Told them payment had been made, he checked his records and said well I see it was paid, but the payment was backed out your check must have been returned. I had him wait on the line, and called citi bank which confirmed they had paid the check on April 5 just like always. So the guy says ok we will look into it and see where the money went. I am afraid they diverted it to the credit card which I am including in the 13. Is that possible and what recourse do I have if they have done that?
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I'm sorry to say that since you haven't filed yet, you have no legal protection if Wells Fargo did take your mortgage payment and applied it to the WF credit card if there was a cross-collateral clause in the original cc agreement you signed (and almost all major cc contracts have this clause).
Since you haven't filed yet, you should still have access to your online WF cc account. Have you checked that yet to see if a payment has shown up there recently?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 -
I did check, and there is nothing showing up as a payment on the credit card account. I do have the wf printed receipt indicating that the payment was applied to the mortgage though.Comment
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I wanted to clarify..my 1 and only mortgage on my home is a heloc. I am making interest only payments on this. I found the payment was applied to the principal on the loan and not the interest. I managed to log on to my account. Still no answer from WF about fixing problem...again it was orginally applied to the interest, then backed out and put on the principle does this sound like just a random error or something more?Comment
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