my mortgage company sent me a notice in Dec. of 2005 saying we were two payments ahead even though we are in a chapter 13 bankruptcy. I questioned this and they sent me a payment history showing we were ahead two payments on our post petition payments. We indeed skipped the next two payments. Then almost 2 years later we get a notice that we are behind and they are going to start foreclosure. They discovered that those %26quot;extra%26quot; payments were suppossed to go on pre-petition arearages, not post-petition payments, and moved them, making our payments past due. They stopped taking our payments and even returned two payments we had already sent. We have arranged a repayment schedule with them but now the back payments and attorneys fees are about $16,000. ! Not to mention that our credit and payment history is screwed up again! Is there anything we can do about THEIR screw up? At least something to help repair our credit?
What kind of lawyer do I need for help with a situation between me and my mortgage company?
You admitted not paying them for 2 months even though you were in the middle of a bankruptcy. How is this their mistake?
I would contact an attorney regarding the returned payments. It is my understanding that a lender cannot refuse payments unless the foreclosure process has already begun.
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