Another Wells Fargo Problem

[Sammie]

Hi Everyone!

I hope you all had a Happy, Healthy New Year!

As most of you know we were Discharged from our Chapter 13 this past November. Our Mortgage has "Never" been in our Plan. & we have never missed a payment. Today when we went to the bank to make our payment we were told that we could not make the payment because it is not a payable account & is with their Bk. Dept & will be for the "life of the loan". Went home & called the Bk. Dept. & asked why we have to go through this now that we are Discharged. "Amir" became very arrogant and said that our Mortgage has always be part of the plan & that we are not "closed" & he has the paperwork that says it won't be "closed" until June 15. My husband reaffirmed that we have our Discharge papers. Amir said that we were wrong & so is our Attorney & that all future payments have to be made by phone or auto direct.

I called my Attorney's office, but it is Friday and they have already left for the day.

I guess I am just frustrated that we have to go through this nonsense after completing our Bk. in good standing. I know that the next thing we have to do is clean up our credit reports, which have 8 cc accounts on there from after we filed & were included.

Thank you for letting me vent. I will let you know what the Attorney's office has to say. sammie

[LadyInTheRed]

A discharge does not close your case. It often takes some time after discharge for the case to close. It sounds like they keep your account in the BK department until the case is closed.

Were you able to make payments at the bank before? If so, I suggest you try calling the BK department again and talk to somebody else. If you don't get resolution with the first person you talk to, ask to speak with a supervisor. It may be that you will have to make payments by mail until your case is closed.

FYI, your mortgage was in fact part of your plan, even if you paid it directly.

[Sammie]

Thank you LITR I'm not sure what the difference is between our discharge and case to close?

Why would the mort. be part of the plan? We had only listed unsecured cc debt and never one of our Mortgages? We never had the intent to default on a Mortgage. Yes, we were able to make payments at the bank up until this payment. sammie

[May2014]

Your mortgage would have been listed in your paperwork as a secured creditor, and the actual mortgage would have been used in calculating your DMI. If you look at your plan paperwork, you should see something that says the mortgage will be paid outside of the plan. If you would look at your credit report, you should see that the mortgage company stopped reporting to the credit bureaus. Mine shows "PP" which is payment plan. I'm on a payment plan with it, just paying it apart from the trustee payment. I'm guessing that's because it can't be paid off in five years and it's less paperwork this way.

[BNKRPTinNC]

Thank you LITR I'm not sure what the difference is between our discharge and case to close?

Why would the mort. be part of the plan? We had only listed unsecured cc debt and never one of our Mortgages? We never had the intent to default on a Mortgage. Yes, we were able to make payments at the bank up until this payment. sammie

Since we are both hailing from the Great North State, I thought would through my 2 cents in. As mentioned all debt is part of the plan and whether you pay it or the trustee is the only difference. Made final 13 payment in 12/13, discharged 2/14, FINAL DECREE 5/14. Prior to final payment I contacted mortgage holder and informed them I was about to be discharged and how did they want payment scheduled. At first I met with some resistance as it was not closed but was able to explain its pending status. However, my mortgage was paid through the plan so that may have had some bearing on my outcome. I, too, find it odd that you were able to make payments outside of your plan and are having issues now. But you have to remember that your are dealing with Wells Fargo, after all.

[LadyInTheRed]

Thank you LITR I'm not sure what the difference is between our discharge and case to close?

You get your discharge as soon as possible after you have completed your obligations under the plan. What is "ASAP" depends on local procedures. A discharge means you are off the hook to pay the discharged debts and the creditors are prohibited from every trying to collect them again. Even though you got your discharge, your case is still open until your trustee has distributed all funds and filed a final report.

Why would the mort. be part of the plan?

As May2014 explained, all of your debt is part of the plan, regardless of how it gets paid. My car loan was paid by the trustee, I pay my mortgage payments directly. Both are part of the plan.