Banks regulations after discharged

[hope2005]

We filed chapter 7, 2 years ago. Now we are having trouble with our bank not sending a bank payment book or account statements by mail. They are showing us as 3-4 months past due, which we are not and they are saying that they could not send us any notification by mail or phone calls and that they could not send us a payment book because of some law. Since we filed bankruptcy, they are restricted from sending any information. Some harrassment clause or something?? Even if we have been asking for it since we opened the loan 3 years ago?? can anyone answer this? Online banking shows that the payment from December did not get applied. It went toward the January payment and now Decembers is accruing late fees and interest every month since. Is there any legal action we can take to get this fixed? the bank is saying it is our error.

[Minnymouth]

First request a printout of your payment history on your loan(request this in a certified letter in writing)........ Then match your payments up with those they say they received and see where you stand.

You said your filed a Chapter 7 2 years ago. Yet this loan is 3 years old. Did you reaffirm on this loan??

If you included this loan in your bankruptcy then THEY ARE RIGHT.... they cannot contact you with statements, phone calls, etc... as this account has been discharged in bankruptcy. They are required by law not to contact you any longer....

Now if you did not reaffirm on this loan but still kept making payments on it all along (like an auto loan)..... then if you start missing payments they can demand surrender of the vehicle for non-payment... but you will not be responsible for any balance owed on the vehicle as ut was discharged in BK. It it is a home your talking about then if you miss payments or are late they can start foreclosure procedures on you for non payment..

They have to supply you with a payment history if you request it but they are not required to send you statements etc any longer.

[suprdav2]

I was politely informed by BoA that I would no longer receive monthly statements on my car loan since I did not reaffirm.......even though my atty told me different. Idiot........but anyways, now I have to mark on my calendar for the next 3 years when the monthly payment is due as a reminder. lol.

[hope2005]

bank regulations

Sorry, i forgot to say this was our home mortgage. We did not claim our mortgage on bankruptcy. we did reaffirm with them.

thanks

[SinkingFast]

Request the print out like Minny suggested, so you have their side of the story in front of you to prepare.

Call and make an appointment with their Mortgage Banking Manager. Take copies of your BK docs and the Reaffirmation agreement, as well as copies of cancelled checks for all payments made. Be prepared to sit down and fully explain their errors to their Mortgage Banking Manager.