Mortgage Co Filed Relief of Stay...Mortgage is DUe for December

[nitramtsr]

Our mortgage is currently due for 12/15 and we are going to make payment today. Our 341 was on 11/1 last day for objections 1/2. Our atty called the mtg co yesterday and they said they are sending over the reaffirmation papers. However, today on pacer a relief of stay was filed stating our mortgage is due for nov & dec. This is not true...I have the receipts and documentation that our payment was deducted from our checking acct. the acct mgr at the mtg co said the payment was received & applied. HELP!!!

[lrprn]

Our mortgage is currently due for 12/15 and we are going to make payment today. Our 341 was on 11/1 last day for objections 1/2. Our atty called the mtg co yesterday and they said they are sending over the reaffirmation papers. However, today on pacer a relief of stay was filed stating our mortgage is due for nov & dec. This is not true...I have the receipts and documentation that our payment was deducted from our checking acct. the acct mgr at the mtg co said the payment was received & applied. HELP!!!

Welcome to the latest ploy by some mortgage companies to squeeze more money out of you while you are in bankruptcy!

Our mortgage company filed an objection to our Ch 13 plan saying we were a month in arrears when we filed - we weren't and could prove it with their own documentation. Our lawyer had a conversation with our mortgage company's lawyer - objection suddenly disappeared! When we were notified of the objection being dropped, the mortgage company added $75 to our mortgage owed, and then the mortgage lawyer added his $75 fee for filing the objection to our creditor list. Our lawyer is in process of having that removed.

To make matters worse, we also just found out that our mortgage company took $125 of our Sept 1 mortgage payment and used it to pay themselves for filing the objection last June thus making us short that amount since then. We also found out a few weeks ago that our trustee paid the mortgage company lawyer $59 when our lawyer has disputed he is owed the money and also that our trustee shows he intends to pay our mortgage lawyer several hundred dollars more in the future for some unknown reason.....it's been a nightmare keeping track of all this and we aren't done yet. Who knows what may yet emerge from the murky depths of our mortgage company's legal "let's screw our customer royally - but legally - when they are down" department? :/

Have your lawyer immediately address the mortgage company's request to lift the stay with an official letter to your mortgage company and the trustee stating you are not in arrears and can prove it with written documentation and bank records (and be certain you can!). Also ask your lawyer to state that you will NOT pay the mortgage company's legal fees for filing the relief of stay. Follow up with your lawyer regularly to ensure the mortgage records are corrected and the relief of stay request has been denied. Ask your lawyer to request that the mortgage company to send you a payment history showing amounts due and total owed for the entire last year as well.

I hope your situation can be cleared up quickly. No one should have to be dealing with this subversive BS when our mortgage companies take advantage of the fact we can't easily get a clear payment accounting from them due to the automatic stay.