Another Chase Question

[Sammie]

We are 3 wks. since filing our C13. In today's mail we received a letter from Chase, 1st Mtge. Lein Holder. The letter states that they are adding an $85.00 fee on to our Mtge. Payment due to them doing a Title Search. My h and I are assuming that they were checking to see if there are any leins on our property (which there none). My question is why are they doing this in the 1st place when they are not in our Bk filing & I guess we should edpect the same letter from Wells Fargo since they hold the second. Thank you for any answers you may have. sammie

[Sammie]

There isn't anyone here that is able to answer this question? I cannot seem to get any information from Chase. Thank you. sammie

[Pandora]

All debts are included in your Ch. 13 BK filing - all are notified; what I believe you're saying is that you pay your mortgage outside of your Ch. 13 plan? is this correct?

From what I recall, we had fees added by our 2nd lien holder after we filed - but had to be approved or denied by the trustee/court since they're being paid inside our plan. I believe the 1st, since outside your plan, can add fees.

ETA: If you have a 2nd mortgage -then there is a lien on your property - along with the 1st mortgage.

[Sammie]

Thank you very much Pandora for explaining this. So the 2nd Mtg. is considered a lien by the 1st Mtg. Company. My h called our Attorney's Office today and they want to see the letter because they said that since our Mortgages are being paid outside our plan they should not be adding extra fees. I will let you know when we get a straight answer. Thank you. sammie

[Pandora]

are you not able to strip the 2nd Sammie?

keep us posted!

[TheBajan]

$85 a month is a steep fee for a title search that is typically done before the mortgage is approved as apposed to after you had it a while. I would fight this. Paying inside or outside of the plan, they shouldn't be able to raise your monthly payment indefinitely for some arbitrary reason. I do understand a one time fee, late fees, and things like that but not the idea of just upping your payment like that. It sounds more like a penalty for filing BK. Please let us know how this turns out. I'm very interested in the outcome. I would hope that mortgage holders aren't able to get away with this behavior.

[Sammie]

Pandora no we cannot strip the 2nd. Our home is still valued slightly over in value of the combined Mortgages which are being paid outside the plan.

Bajan, Chase charged us a one time fee of $85.00 for a Title Search according to them. The Attorney's Office was closed so we will bring the letter on Monday and let you know what the heck is going on. sammie