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spoiledgurl

mortgage being paid late by trustee while in chapter 13

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hi all :wave: i have a few issues and really don"t know which direction to go. long story short i brought a home in 2008. paid on time for a few years then fell on a few hard months. i ended up not paying for 2 months and they aggressively pursued foreclosure in less than 2 weeks after the second payment was missed. They apparently could not do this because we have received settlement checks from wells fargo after a few class action lawsuits against them for doing this, okay back to the foreclosure, they tacked on such high penalties and lawyer fees that our 2 months of missed payments turned into charges equaling up to us having to pay 6 months worth of payments even though we only owed 2 months. so we filed chapter 13 bankruptcy and paid back everything while paying the current mortgage payment in which we paid the trustee an additional fee to her for her to make our current loan payment for us. We paid our trustee weekly and she dispersed the money out to who we owed. we never paid her one late payment ever...period. she took the money directly from our checks before taxes. Here comes the problem... we are now out of bankruptcy and i pulled the credit reports and lo and behold they are FULL of late payments made by her for our mortgage. I contacted my attorney and he stated that while in bankruptcy everything freezes or stands still and we are protected from further damage being done to our credit. i showed him all the late"s and he just said oh those should not be on there. My question is if and how can i get them removed from our reports....

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I know less about bankruptcy than I do about autoimmune disorders in sea otters, so wait for other comments, but if you were two months behind plus penalties, did you ever catch up?

 

Absent the BK filing if you were two payments behind and then resumed paying the regular payment amount due every month (and nothing else) you would have a never-ending string of 60-day lates.

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When was your BK discharged? It can take a little while after all payments are received for banks to clear up reporting and verify all amounts due are received. It’s not uncommon for trustees to make payments late.

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I know less about bankruptcy than I do about autoimmune disorders in sea otters, so wait for other comments, but if you were two months behind plus penalties, did you ever catch up?

 

Absent the BK filing if you were two payments behind and then resumed paying the regular payment amount due every month (and nothing else) you would have a never-ending string of 60-day lates.

Hi thanks for replying...yes we paid everything back wells Fargo lawyer fees included...its been almost a year...what's funny is the bankruptcy doesn't even show up on none of the credit reports at all.

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Its been almost discharged for a year. My lawyer said that they pay as they see fit but we shouldn't have all these late payments showing because we were supposed to be protected by the bankruptcy law that everything stops while in bankruptcy.

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hi all :wave: i have a few issues and really don"t know which direction to go. long story short i brought a home in 2008. paid on time for a few years then fell on a few hard months. i ended up not paying for 2 months and they aggressively pursued foreclosure in less than 2 weeks after the second payment was missed. They apparently could not do this because we have received settlement checks from wells fargo after a few class action lawsuits against them for doing this, okay back to the foreclosure, they tacked on such high penalties and lawyer fees that our 2 months of missed payments turned into charges equaling up to us having to pay 6 months worth of payments even though we only owed 2 months. so we filed chapter 13 bankruptcy and paid back everything while paying the current mortgage payment in which we paid the trustee an additional fee to her for her to make our current loan payment for us. We paid our trustee weekly and she dispersed the money out to who we owed. we never paid her one late payment ever...period. she took the money directly from our checks before taxes. Here comes the problem... we are now out of bankruptcy and i pulled the credit reports and lo and behold they are FULL of late payments made by her for our mortgage. I contacted my attorney and he stated that while in bankruptcy everything freezes or stands still and we are protected from further damage being done to our credit. i showed him all the late"s and he just said oh those should not be on there. My question is if and how can i get them removed from our reports....

There are some misnomers to your post, like "Tacking on fees", and other things that should be clarified. No one "Tacks on fees" just because. If you are late on your payment, you may get a late fee, which you agreed to when you took the loan out. If you end up being sued, you will be required to pay the attorney or, if you are not in a judicial state, the trustee, for the foreclosure. It's not a punitive measure but rather, what you agreed to when the loan originated. Also, if your attorney actually told you everything freezes, they were wrong. It doesn't freeze. If you are not contractually current during the BK, your credit report will reflect that. If you were delinquent when you filed, a portion of your delinquent amount due is paid over time. Even if you made your current payment on time, your "arrears" are paid over time with the theory that in five years, you are caught up so, if you were not completely current with both your pre and post petition payments, your credit will reflect that. It might suck. It might not be fair. It might conflict with what your attorney told you but it is what it is.

 

Some on this board do not agree with my position and that's fine. No one has been able to provide any statute or code stating credit reporting stops while in BK. I've provided statute to the contrary in previous posts that you can look up. Filing BK stops all action, which by most definitions is, legal proceedings, collection efforts, etc. but, doesn't stop credit reporting until you are discharged. Your credit report should show a zero balance and should show IIB but again, if you are delinquent, while in a bankruptcy, your report will show you are delinquent. As CV stated, absent the BK, that's how it would show. With the BK, it will show the same, just with different status and action codes on the tradeline.

Edited by Kuuner

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hi all :wave: i have a few issues and really don"t know which direction to go. long story short i brought a home in 2008. paid on time for a few years then fell on a few hard months. i ended up not paying for 2 months and they aggressively pursued foreclosure in less than 2 weeks after the second payment was missed. They apparently could not do this because we have received settlement checks from wells fargo after a few class action lawsuits against them for doing this, okay back to the foreclosure, they tacked on such high penalties and lawyer fees that our 2 months of missed payments turned into charges equaling up to us having to pay 6 months worth of payments even though we only owed 2 months. so we filed chapter 13 bankruptcy and paid back everything while paying the current mortgage payment in which we paid the trustee an additional fee to her for her to make our current loan payment for us. We paid our trustee weekly and she dispersed the money out to who we owed. we never paid her one late payment ever...period. she took the money directly from our checks before taxes. Here comes the problem... we are now out of bankruptcy and i pulled the credit reports and lo and behold they are FULL of late payments made by her for our mortgage. I contacted my attorney and he stated that while in bankruptcy everything freezes or stands still and we are protected from further damage being done to our credit. i showed him all the late"s and he just said oh those should not be on there. My question is if and how can i get them removed from our reports....

There are some misnomers to your post, like "Tacking on fees", and other things that should be clarified. No one "Tacks on fees" just because. If you are late on your payment, you may get a late fee, which you agreed to when you took the loan out. If you end up being sued, you will be required to pay the attorney or, if you are not in a judicial state, the trustee, for the foreclosure. It's not a punitive measure but rather, what you agreed to when the loan originated. Also, if your attorney actually told you everything freezes, they were wrong. It doesn't freeze. If you are not contractually current during the BK, your credit report will reflect that. If you were delinquent when you filed, a portion of your delinquent amount due is paid over time. Even if you made your current payment on time, your "arrears" are paid over time with the theory that in five years, you are caught up so, if you were not completely current with both your pre and post petition payments, your credit will reflect that. It might suck. It might not be fair. It might conflict with what your attorney told you but it is what it is.

 

Some on this board do not agree with my position and that's fine. No one has been able to provide any statute or code stating credit reporting stops while in BK. I've provided statute to the contrary in previous posts that you can look up. Filing BK stops all action, which by most definitions is, legal proceedings, collection efforts, etc. but, doesn't stop credit reporting until you are discharged. Your credit report should show a zero balance and should show IIB but again, if you are delinquent, while in a bankruptcy, your report will show you are delinquent. As CV stated, absent the BK, that's how it would show. With the BK, it will show the same, just with different status and action codes on the tradeline.

 

 

okay just to clear up a few things our bankruptcy was paid back at 100%...we paid back every dime. she paid back our late mortgage first.. we had $650 taken from our checks a week to cover our current mortgage and the months we were behind...so the late months were paid back within 6-9 months... after that our other credit which was a huge hospital bill due to surgery started to be paid. And they did TACK on fees that should never have been added on in the first place. We were 2 months behind while paying them pmi which should have protected us in the event we did get behind. I know this because it was included in the paperwork sent to us after a class action lawsuit was filed and won against wells fargo.(we received a $1400 check in this settlement) there have been at least 3 other checks from lawsuits filed that we did receive regarding the practice they used against people. They moved entirely too quickly and proceeded against what the law states they can do. The late payments showed up 2 years AFTER our bk was started, before that she was paying on time. We paid her $37 a week to in addition to our bk payment just for her to make our current mortgage payment. This was suggested by our lawyer because they could take the payments out pretax.The original late payments were made current... she paid our current mortgage payments late when we paid her on time. I just want the lates taken off. we paid back everything and then some... this is the only negative thing on our credit and it just looks bad seeing it there.

Edited by spoiledgurl

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hi all :wave: i have a few issues and really don"t know which direction to go. long story short i brought a home in 2008. paid on time for a few years then fell on a few hard months. i ended up not paying for 2 months and they aggressively pursued foreclosure in less than 2 weeks after the second payment was missed. They apparently could not do this because we have received settlement checks from wells fargo after a few class action lawsuits against them for doing this, okay back to the foreclosure, they tacked on such high penalties and lawyer fees that our 2 months of missed payments turned into charges equaling up to us having to pay 6 months worth of payments even though we only owed 2 months. so we filed chapter 13 bankruptcy and paid back everything while paying the current mortgage payment in which we paid the trustee an additional fee to her for her to make our current loan payment for us. We paid our trustee weekly and she dispersed the money out to who we owed. we never paid her one late payment ever...period. she took the money directly from our checks before taxes. Here comes the problem... we are now out of bankruptcy and i pulled the credit reports and lo and behold they are FULL of late payments made by her for our mortgage. I contacted my attorney and he stated that while in bankruptcy everything freezes or stands still and we are protected from further damage being done to our credit. i showed him all the late"s and he just said oh those should not be on there. My question is if and how can i get them removed from our reports....

There are some misnomers to your post, like "Tacking on fees", and other things that should be clarified. No one "Tacks on fees" just because. If you are late on your payment, you may get a late fee, which you agreed to when you took the loan out. If you end up being sued, you will be required to pay the attorney or, if you are not in a judicial state, the trustee, for the foreclosure. It's not a punitive measure but rather, what you agreed to when the loan originated. Also, if your attorney actually told you everything freezes, they were wrong. It doesn't freeze. If you are not contractually current during the BK, your credit report will reflect that. If you were delinquent when you filed, a portion of your delinquent amount due is paid over time. Even if you made your current payment on time, your "arrears" are paid over time with the theory that in five years, you are caught up so, if you were not completely current with both your pre and post petition payments, your credit will reflect that. It might suck. It might not be fair. It might conflict with what your attorney told you but it is what it is.

 

Some on this board do not agree with my position and that's fine. No one has been able to provide any statute or code stating credit reporting stops while in BK. I've provided statute to the contrary in previous posts that you can look up. Filing BK stops all action, which by most definitions is, legal proceedings, collection efforts, etc. but, doesn't stop credit reporting until you are discharged. Your credit report should show a zero balance and should show IIB but again, if you are delinquent, while in a bankruptcy, your report will show you are delinquent. As CV stated, absent the BK, that's how it would show. With the BK, it will show the same, just with different status and action codes on the tradeline.

 

 

okay just to clear up a few things our bankruptcy was paid back at 100%...we paid back every dime. she paid back our late mortgage first.. we had $650 taken from our checks a week to cover our current mortgage and the months we were behind...so the late months were paid back within 6-9 months... after that our other credit which was a huge hospital bill due to surgery started to be paid. And they did TACK on fees that should never have been added on in the first place. We were 2 months behind while paying them pmi which should have protected us in the event we did get behind. I know this because it was included in the paperwork sent to us after a class action lawsuit was filed and won against wells fargo.(we received a $1400 check in this settlement) there have been at least 3 other checks from lawsuits filed that we did receive regarding the practice they used against people. They moved entirely too quickly and proceeded against what the law states they can do. The late payments showed up 2 years AFTER our bk was started, before that she was paying on time. We paid her $37 a week to in addition to our bk payment just for her to make our current mortgage payment. This was suggested by our lawyer because they could take the payments out pretax.The original late payments were made current... she paid our current mortgage payments late when we paid her on time. I just want the lates taken off. we paid back everything and then some... this is the only negative thing on our credit and it just looks bad seeing it there.

Well...sounds like you have all the answers and the proof. Maybe you should sue the trustee?

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hi all :wave: i have a few issues and really don"t know which direction to go. long story short i brought a home in 2008. paid on time for a few years then fell on a few hard months. i ended up not paying for 2 months and they aggressively pursued foreclosure in less than 2 weeks after the second payment was missed. They apparently could not do this because we have received settlement checks from wells fargo after a few class action lawsuits against them for doing this, okay back to the foreclosure, they tacked on such high penalties and lawyer fees that our 2 months of missed payments turned into charges equaling up to us having to pay 6 months worth of payments even though we only owed 2 months. so we filed chapter 13 bankruptcy and paid back everything while paying the current mortgage payment in which we paid the trustee an additional fee to her for her to make our current loan payment for us. We paid our trustee weekly and she dispersed the money out to who we owed. we never paid her one late payment ever...period. she took the money directly from our checks before taxes. Here comes the problem... we are now out of bankruptcy and i pulled the credit reports and lo and behold they are FULL of late payments made by her for our mortgage. I contacted my attorney and he stated that while in bankruptcy everything freezes or stands still and we are protected from further damage being done to our credit. i showed him all the late"s and he just said oh those should not be on there. My question is if and how can i get them removed from our reports....

There are some misnomers to your post, like "Tacking on fees", and other things that should be clarified. No one "Tacks on fees" just because. If you are late on your payment, you may get a late fee, which you agreed to when you took the loan out. If you end up being sued, you will be required to pay the attorney or, if you are not in a judicial state, the trustee, for the foreclosure. It's not a punitive measure but rather, what you agreed to when the loan originated. Also, if your attorney actually told you everything freezes, they were wrong. It doesn't freeze. If you are not contractually current during the BK, your credit report will reflect that. If you were delinquent when you filed, a portion of your delinquent amount due is paid over time. Even if you made your current payment on time, your "arrears" are paid over time with the theory that in five years, you are caught up so, if you were not completely current with both your pre and post petition payments, your credit will reflect that. It might suck. It might not be fair. It might conflict with what your attorney told you but it is what it is.

 

Some on this board do not agree with my position and that's fine. No one has been able to provide any statute or code stating credit reporting stops while in BK. I've provided statute to the contrary in previous posts that you can look up. Filing BK stops all action, which by most definitions is, legal proceedings, collection efforts, etc. but, doesn't stop credit reporting until you are discharged. Your credit report should show a zero balance and should show IIB but again, if you are delinquent, while in a bankruptcy, your report will show you are delinquent. As CV stated, absent the BK, that's how it would show. With the BK, it will show the same, just with different status and action codes on the tradeline.

 

 

okay just to clear up a few things our bankruptcy was paid back at 100%...we paid back every dime. she paid back our late mortgage first.. we had $650 taken from our checks a week to cover our current mortgage and the months we were behind...so the late months were paid back within 6-9 months... after that our other credit which was a huge hospital bill due to surgery started to be paid. And they did TACK on fees that should never have been added on in the first place. We were 2 months behind while paying them pmi which should have protected us in the event we did get behind. I know this because it was included in the paperwork sent to us after a class action lawsuit was filed and won against wells fargo.(we received a $1400 check in this settlement) there have been at least 3 other checks from lawsuits filed that we did receive regarding the practice they used against people. They moved entirely too quickly and proceeded against what the law states they can do. The late payments showed up 2 years AFTER our bk was started, before that she was paying on time. We paid her $37 a week to in addition to our bk payment just for her to make our current mortgage payment. This was suggested by our lawyer because they could take the payments out pretax.The original late payments were made current... she paid our current mortgage payments late when we paid her on time. I just want the lates taken off. we paid back everything and then some... this is the only negative thing on our credit and it just looks bad seeing it there.

Well...sounds like you have all the answers and the proof. Maybe you should sue the trustee?
you just said what everyone around us is saying.. that the fault lies with the trustee. I just really didn't want to have to pay another lawyer to try to sue the trustee..I'm probably going to have to look at a different lawyer though to look into what can be done. I can't believe that there isn't a way to have this updated or changed completely on my report. I will keep asking...maybe someone knows a way on getting lates removed without a court process. Thanks for your input☺

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We were 2 months behind while paying them pmi which should have protected us in the event we did get behind.

 

I'm not sure how much of your direction is tied to this statement, but it is still worth clarifying that PMI protects the lender from losses after you default and the proceeds of the sale of the asset are insufficient to repay the loan balance.

 

PMI doesn't kick in to make payments when you cannot.

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hi all :wave: i have a few issues and really don"t know which direction to go. long story short i brought a home in 2008. paid on time for a few years then fell on a few hard months. i ended up not paying for 2 months and they aggressively pursued foreclosure in less than 2 weeks after the second payment was missed. They apparently could not do this because we have received settlement checks from wells fargo after a few class action lawsuits against them for doing this, okay back to the foreclosure, they tacked on such high penalties and lawyer fees that our 2 months of missed payments turned into charges equaling up to us having to pay 6 months worth of payments even though we only owed 2 months. so we filed chapter 13 bankruptcy and paid back everything while paying the current mortgage payment in which we paid the trustee an additional fee to her for her to make our current loan payment for us. We paid our trustee weekly and she dispersed the money out to who we owed. we never paid her one late payment ever...period. she took the money directly from our checks before taxes. Here comes the problem... we are now out of bankruptcy and i pulled the credit reports and lo and behold they are FULL of late payments made by her for our mortgage. I contacted my attorney and he stated that while in bankruptcy everything freezes or stands still and we are protected from further damage being done to our credit. i showed him all the late"s and he just said oh those should not be on there. My question is if and how can i get them removed from our reports....

There are some misnomers to your post, like "Tacking on fees", and other things that should be clarified. No one "Tacks on fees" just because. If you are late on your payment, you may get a late fee, which you agreed to when you took the loan out. If you end up being sued, you will be required to pay the attorney or, if you are not in a judicial state, the trustee, for the foreclosure. It's not a punitive measure but rather, what you agreed to when the loan originated. Also, if your attorney actually told you everything freezes, they were wrong. It doesn't freeze. If you are not contractually current during the BK, your credit report will reflect that. If you were delinquent when you filed, a portion of your delinquent amount due is paid over time. Even if you made your current payment on time, your "arrears" are paid over time with the theory that in five years, you are caught up so, if you were not completely current with both your pre and post petition payments, your credit will reflect that. It might suck. It might not be fair. It might conflict with what your attorney told you but it is what it is.

 

Some on this board do not agree with my position and that's fine. No one has been able to provide any statute or code stating credit reporting stops while in BK. I've provided statute to the contrary in previous posts that you can look up. Filing BK stops all action, which by most definitions is, legal proceedings, collection efforts, etc. but, doesn't stop credit reporting until you are discharged. Your credit report should show a zero balance and should show IIB but again, if you are delinquent, while in a bankruptcy, your report will show you are delinquent. As CV stated, absent the BK, that's how it would show. With the BK, it will show the same, just with different status and action codes on the tradeline.

 

 

okay just to clear up a few things our bankruptcy was paid back at 100%...we paid back every dime. she paid back our late mortgage first.. we had $650 taken from our checks a week to cover our current mortgage and the months we were behind...so the late months were paid back within 6-9 months... after that our other credit which was a huge hospital bill due to surgery started to be paid. And they did TACK on fees that should never have been added on in the first place. We were 2 months behind while paying them pmi which should have protected us in the event we did get behind. I know this because it was included in the paperwork sent to us after a class action lawsuit was filed and won against wells fargo.(we received a $1400 check in this settlement) there have been at least 3 other checks from lawsuits filed that we did receive regarding the practice they used against people. They moved entirely too quickly and proceeded against what the law states they can do. The late payments showed up 2 years AFTER our bk was started, before that she was paying on time. We paid her $37 a week to in addition to our bk payment just for her to make our current mortgage payment. This was suggested by our lawyer because they could take the payments out pretax.The original late payments were made current... she paid our current mortgage payments late when we paid her on time. I just want the lates taken off. we paid back everything and then some... this is the only negative thing on our credit and it just looks bad seeing it there.

Well...sounds like you have all the answers and the proof. Maybe you should sue the trustee?
you just said what everyone around us is saying.. that the fault lies with the trustee. I just really didn't want to have to pay another lawyer to try to sue the trustee..I'm probably going to have to look at a different lawyer though to look into what can be done. I can't believe that there isn't a way to have this updated or changed completely on my report. I will keep asking...maybe someone knows a way on getting lates removed without a court process. Thanks for your input☺

 

I was being sarcastic. The lender doesn't care who makes the payments, just when, so, if the trustee paid them late, a credit dispute isn't going to work. I'm confident the trustee will have a defensible argument. That said, we all make mistakes. Without knowing the details of your case or your plan, there was a plan hearing. There was a priority of claims and payments. The minute the plan was confirmed and the first payment was made, the onus was on you to ensure everything was going as you thought it should be going. If your trustee accounting showed differently, did you object when you noticed? Where you not given a trustee accounting? Did you ask for a trustee accounting? Were you monitoring your credit from the beginning? Your payments from the beginning? In one case I read, while there was a mistake, the debtor failed to speak up until it was too late. In re: Jose Noe Carmona, BAP No. CC-14-1380-TaPaKi, the Ninth Circuit BAP, it goes into detail. My take in reading the case was, it was the debtor's fault for not making sure creditor's were paid correctly.

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