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  1. #1
    Join Date
    May 2011
    Posts
    3

    Default Mortgage Co. Claims a Missed Payment

    My question involves a foreclosure in the State of: This involves a disputed claim by my mortgage holder. They claim that a payment was missed, but have yet to identify exactly which payment (by month and year) and after approximately 12 telephone conversations with them, they have still not responded with the requested information. Our bank records go back numerous years and we have not been able to find any missed payments. This dispute began a couple months ago when they sent us a monthly statement, and then we received a second one about a week later where they claimed an overdue payment and certain fees assessed to our account. I sent them a letter disputing the claim and demanded specific information (exact payment missed, what fees were assessed and why, etc) and nothing has been resolved yet. Any suggestions as to what else I can be doing? We we in Ch. 13 and it was discharged over a year ago.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Mortgage Co. Claims a Missed Payment

    They should be able to provide an accounting showing when they received payments that they credited to your record, and they should also be able to indicate when they show your account as becoming delinquent. You can compare that information to your payment records to find out if in fact a payment was sent but not credited, or if you somehow missed a payment.

  3. #3
    Join Date
    May 2011
    Posts
    3

    Default Re: Mortgage Co. Claims a Missed Payment

    Thank you for your reply. I also think that their records should be able to show any missed payment, but they obviously have a problem in this regard. In my conversations with the Customer Service Reps, there is an apparent language barrier (I suspect this portion of the business was outsourced to another country) and they have difficulty understand the difference between a dismissed bankruptcy and a discharged bankruptcy. I have spoken with a supervisor in their bankruptcy department about their continued reference to my bankruptcy and continuing to include that information in our statements, but to no avail. I have sent them a copy of the discharge order again to see if that helps. In my call to them today, they continue to apply my payments to the previous month. They have "researched or sent the matter to their research department" twice already and I have decided not to approve any further time extension requests from them. Is this advisable or would a different approach be better?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Mortgage Co. Claims a Missed Payment

    If you were behind on your payments at the time of your bankruptcy and the lender did not foreclose, I would normally expect that the arrears would be paid as part of your repayment plan. Perhaps you missed a payment after filing that thus wasn't listed as a debt of the estate.

    If they're applying your payment "to the previous month", look for the date they first started doing that, and then find documentation of the payment you made the prior month that for some reason wasn't credited to your account.

    You may have certain rights to an accounting under the laws of your undisclosed state, if in fact you have not received an accounting.

  5. #5
    Join Date
    May 2011
    Posts
    3

    Default Re: Mortgage Co. Claims a Missed Payment

    Thank you for the info. Because my home is located within Georgia, is anyone aware of any other actions the State allows me to take toward resolving this matter? Since the mortgage holder is not able to or is unwilling to identify the date of the missed payment, what else can I do? Incidentally, the overdue letter that I received from them also included two pages of foreclosure information, but nothing that even remotely resembles an official notice of intent. Should I be concerned? Also, during the bankruptcy, they claimed a $200.+ arrears and it was paid in full during the plan. Other than that, there was not other missed payment that I am aware of nor claimed by them.

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