Case STILL "about to close."

[cwillie]

I cannot believe this! Since last November our has been "about to close." Apparently, our second mortgage holder, Chase Bank, will not respond to the trustee to confirm that all payments have been cured and everything is on time - even though the trustee's office is the one who has been making the payments! The trustee's office has been told on numerous times that they (Chase) will not speak with them because they do not have authorization from us. We provided authorization and the trustee's office faxed/mailed over the authorization on three or four separate occasions, all to no avail. Chase told them they never received the authorization(s). Trustee sent a letter to them that case was about to close, need info, etc., no response. The trustee has now sent a Notice of Final Cure Payment giving them until March 22 to respond and, according to our attorney, will be closing our case at the end of this month barring no response from Chase. Our attorney and the trustee's office thinks Chase has "lost" our file somewhere. Now, even when it finally closes, we're going to have to deal with this still because obviously we cannot stay in bankruptcy forever! Nice.

[lrprn]

Chase. May they turn on a spit in a very hot place for a very long time. The misery this one company has caused for so many hundreds of thousands of innocent people across this country pulling stuff like this is beyond understanding.

What does your lawyer have to say about this situation? Can he/she push Chase into bk court for a hearing in front of the judge to force their hand?

[IHateChase]

My name says it all.

[cwillie]

What does your lawyer have to say about this situation? Can he/she push Chase into bk court for a hearing in front of the judge to force their hand?[/QUOTE]

For one, she said this is the first time the trustee has ever had this happen in all his 13 years of being a trustee and that she's never had a trustee call her on the phone wondering what to do! She said we could try a lien strip but that my be considered fraudulant at this stage of the game and they are about 60% successful at this late stage. We would have to remain in our bankruptcy for 3 to 4 more months if we decided to go this route. Also, she said Chase could come back at us months down the road saying they never received proper notice, etc. We don't want to extend our plan any longer at this point. We have no problem paying our second. The problem we do have is we have no idea where to pay it or how much it is per month, etc. Our attorney told us to send payments to the same place the trustee did. We have decided NOT to do this because Chase actually sent us back the last two payments that the trustee paid them - go figure. We don't want to send money to God know where and then have this come back and bite us anyway. Chase stated back in October or November that this was paid in full. We know it isn't because we still owe around $20,000. Therefore, we are going to put money into a separate account each month until someone from Chase finally contacts us or a Notice of Default is posted on our door - at least that way we will have a contact. I had tried to contact Chase - per the trustee's office back in November and the guy I spoke with first told my name wasn't on the account so he couldn't speak with me and then he turned around and told me we didn't have an account. I know my name is on this account. They are just so screwed up. She said the trustee has offered to write a letter to us with all the activity concerning Chase so we will have it in our file for any future problems that will crop up. I'm actually ready for a fight, so bring it on!

[alorth]

F'in Chase. Buncha imbeciles.

[kiheimer]

I had a problem with Chase bank also. The trustee overpaid them $103. The last of my debts were paid off last October
The trustee has been trying to collect it since then; no response from them. Therefore I had to stay in my capter 13
an extra 5 months. Got my notice yesterday that my case was closed: never got my $103.