Quote Quoting Ellwind
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Once we sent them the paperwork, they allowed us to resume payments, and then in July of this past year our lawyer informed us that not only had we paid the arrears, but because of the Trustee also paying we overpaid the Mortgage Company. He told us we could leave the Bankruptcy and work with the Mortgage company, and we did.
In other words, you obtained an early discharge of your Chapter 13 bankruptcy, so the present issue with the bank has absolutely nothing to do with the bankruptcy?
Quote Quoting Ellwind
For two months things went fine, and then the mortgage company said they were restructuring our loan and not to worry, don't send any payments until we received our new payment plan. They kept telling us this for three months, and we kept calling them because we heard nothing from them. Each time we called or wrote we received a phone call of, "Tell your family not to worry, we are just getting things finalized" or such.
Did you apply for restructuring? What information were you required to provide to the lender to verify your qualification for this program, and did you submit it? Is any of the communication from the lender in writing? Is the lender refusing to allow you to belatedly make your payments, so as to make your loan current?
Quote Quoting Ellwind
At first they said they had no record of any payments from the Trustee...
They're presently saying that, or are we hopping into a time machine and traveling back to when the issues arose during the bankruptcy?
Quote Quoting Ellwind
The money they say they want is the money we have already paid.
You previously appeared to be stating that they told you to stop making payments during the restructuring process, and are now foreclosing based upon the three payments you missed during that period.
Quote Quoting Ellwind
The lawyer says we can re-apply for Bankruptcy, but we don't know if that would be wise.
Your lawyer knows the full facts, and also what the bank has actually done, so whatever we tell you won't be as reliable as what you hear from your lawyer. We're not in a position to second-guess your lawyer. There seems to be more to the picture than you've told us, though, given that your lawyer is talking about going back into bankruptcy rather than trying to compel the lender to carry through on the restructuring or to give you credit for money you've already paid.