Did Bank of America Violate Automatic Stay?

[BkinTX]

I guess maybe I didn't make it clear that we filed back in April and this fee thing happened in June. BofA has known about the bk for some time now.

The bk disrupted our auto-pay and I have had to call the BK Dept at BoA to make mortgage payments since we filed.

I'm not a fan of Countrywide, either. I was very disappointed that our local lender sold our mortgage (although I guess it was naive to expect otherwise).

[BkinTX]

HAHA, looking back at my post I didn't share the timeline at all. My apologies.

[justbroke]

HAHA, looking back at my post I didn't share the timeline at all. My apologies.

Actually, thinking back, this isn't a violation anyhow. So, no apologies necessary. This was pre-petition late fees on a mortgage you reaffirmed or are riding through? I don't see any issues on their side. You also had "acknowledged" that you may indeed owe it.

So, for me... regardless of whether you acknowledged it, or the timeline is off... I don't see any clear violation.

What are you intentions with the property and loan? Are you re-affirming? (With your continued payments, you are at least riding-through, right?)

If you actually talked with BOA before about BK, then yeah, they did technically violate the code by charging you pre pet late fees.

On a secured debt? That looks like they are BkinTX is riding through? Very very difficult situation but I don't see any violation, do you (considering all facts)?

[BkinTX]

We will re-affirm.

I did not acknowledge the fee. They just took it with no paperwork to back it up my owing it.

On the phone when I called to get it straightened out I did say that it was conceivable that it was a valid fee but I doubted it because it was not on my statements and in order to do auto-draft with Countrywide, which we started up in December, we had to be completely paid up, including any late fees. So it doesn't make sense that this late fee existed and survived somewhere in secrecy to suddenly appear and be avenged without warning, kwim?

I guess what I wondering is if it is ok for a mortgage company to just dip into your checking acct with another banking institution, at their whim, to take out fees or charges they come up with?

BTW, I appreciate you guys puzzling this out with me.

[justbroke]

BTW, I appreciate you guys puzzling this out with me.

I'm still puzzled personally. This is always my fear that some creditor will make up some random fee and then try to collect it. While I like using the ACH "electronic check" payment method, it just gives the lender too much power to take the money then ask for forgiveness after the fact.