Submitted by Childress on Fri, 08/20/2010 - 07:57
Posted in
We're done with our Chapter 13 payment plan and received a discharge. But almost as soon as we had our discharge the mortgage company says we are one month behind on our payments. We don't get how that could happen and we don't know what to do about it because we're still going month to month with our bills. What should we do?
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Editor's Response
If you had an attorney for your bankruptcy, ask her to look into the matter. Occasionally, mortgage companies do not correctly apply payments that were made during the bankruptcy. For example, they might apply the payment to cover late charges or other fees that they are not entitled to charge. If you do not have an attorney (you should get a bankruptcy attorney) you can contact the mortgage company and ask them to explain the arrearage (and how it was created during a pending bankruptcy). If that does not solve the problem, ask the mortgage company to send you an accounting for your account for the last couple of years. If the company incorrectly applied payments during the bankruptcy, you can take the matter up with the bankruptcy court. Good luck.