My question involves bankruptcy in the state of: Florida
My wife and I filed CH 13 bankruptcy in early 2007, plan confirmed by the summer. Payments to both the 1st and 2nd mortgage holder have been made by the trustee starting about August of last year, payments from the trustee are both the arreages and current payments. Here is my dilema, while putting together my tax retuen for the 2007 year I noticed my 2nd mortgage holder only accounted for $36 in interest payments for the year. Looking at the trustees website they made payments for over $5000 to the regular payments, therfore my 1098 from this company should show more in interest payments. I contacted the 2nd mortgage holder and they tell me no payments have been made since 2006 and they have charged off the debt, although I see payments made to my loan online which the trustee has sent, but they are not applying these to my account since they charged it off as bad debt internally. Same answers from thier loss mitigation dept and BK debt. Called my lawyer concerning this, and they have been little help, stating that the company filed a proof of claim and whatever they are doing internally is your problem. finally I ended up talking to the director of the loss dept at the 2nd mortgage company, and he says he is going to look into this. He also stated I can offer to settle with them, through the trustee, to lift the lien this company holds on the property. What is the possibility of the trustee accepting this proposal, and also what is a fair settlement that the company might accept? Currently owed on the 2nd is about $52K. The property value is now about equal to the balance of the 1st mortgae holder. Any suggestions???