Chase Home Mortgage....tale continues

[brokeinmichigan]

Update re: Chase and Motion to Lift Automatic Stay (MTLS)....

So, immediately after we filed, we received a MTLS from Chase. At the time we were less than 2 weeks late on our payment (and had NEVER been late before!), but sent it out the day after we filed. About a week later we received a notice of a Preliminary Hearing w/Chase re:MTLS. But our payment had still not been processed. Our atty filed an objection, stating that we were not in default as payment had been sent. The hearing (this past Tuesday) was adjourned....imagine that. Still, our payment had not been processed. I emailed the paralegal 2 days ago (who is AWESOME!), asking what we should do re: the next payment(s), the still not processed last payment, asking her about playing "connecting the offices" at Chase, etc. She emailed back that they were going to contact them, and that if payment (now 3-4 weeks later) wasn't processed by next week, let her know.

Well, guess what...I checked bank balances online this morning, and the payment was processed! I think our charming and gracious attorney must have had a chat with them. I'm sure it included something about filing erroneous motions, and intentionally holding payments, racking up fees & charges illegally, and setting themselves up for a lawsuit. It's amazing how quickly the CAN move, when they are "called on the carpet". Maybe we're just lucky this time...I'll take it.

Hopefully, that'll be the end of our battle with Chase. We'll be current with them this week....assuming they post the payments we send. We will not be reaffirming our mortgage with them, though......can you guess why?

Hoping for brighter skies ahead...

[SinkingFast]

You might wanna check and see if you need to send your payments to Chase's BK Dept address in the future.

It's customary for Lenders to send a customer's acct to their BK Dept for future handling. Generally, regular customer servicing does not handle accts of customers who file BK.

So be sure to check on that.

Glad everything worked out for you. Sounds like your attny is a fighter!!

[lrprn]

Caution....what Chase H F is doing to you is very similar to what they tried to do to us. Just because Chase posted your payment does not mean they have withdrawn the MTLS.

Our Ch 13 lawyer had to file a motion with our bk court five months after we filed to force Chase's hand (they were told to show up in court in 30 days with the proof we were one month in arrears when we filed - the basis for their objection in our case). We weren't in arrears when we filed and could prove it with their own documentation and our cancelled checks. Surprise, surprise....Chase didn't show. Our bk judge threw out their MTLS a few weeks later. But if our lawyer hadn't forced them to court, the objection would have held. In our situation, Chase could have kept charging late fees for the supposedly "delayed" payment throughout our Ch 13, then presented us with a large bunch of accumulated late fees at the end of our plan (other mortgage companies have done it before to Ch 13 filers).

Chase is a master at cheating the vulnerable bk debtor, and they have no conscience while doing it. Don't make any assumptions about what they will or won't do, because if Chase can make a profit off your situation, they will.

If Chase's MTLS objection is not withdrawn (you can check PACER yourself to see what's happening, if anything) and you believe their objection is groundless, your lawyer may have to do what ours did and force Chase to court to make them justify their MTLS in front of your bk district judge. If this situation, your proof they are wrong had better be airtight!

[brokeinmichigan]

Thanks for the feedback!

You can bet we'll be keeping a close eye and good records on our interactions with Chase. I hope that the adjournment of their initial motion/hearing is a sign of things to come.

I'm fairly confident that our atty will have a low tolerance for any BS they want to try. But, we'll definitely stay on top of it.

Thanks again for the great insight you all have...

Hoping for brighter skies ahead...

[ilovemycaitybug]

Chase has our mortgage as well, I hope they're applying ours correctly! I know they took the payment last month and applied it, I guess I'll watch for the payment due the first of May! (We have ours automatically withdrawn from our checking).

[brokeinmichigan]

Chase has our mortgage as well, I hope they're applying ours correctly! I know they took the payment last month and applied it, I guess I'll watch for the payment due the first of May! (We have ours automatically withdrawn from our checking).

Did you have any problems with them when you filed? We IMMEDIATELY got notification from them with Motion for Relief from the Automatic Stay. And they held our payment for over 3 weeks! It just posted this morning!

Hoping for brighter skies ahead...