My parents filed for chapter 13 bankruptcy in aug. of 2003. Their repayment plan included all back takes owed which were 2000,2001,2002 and 2003 and the delinquent payments owed to the mortgage company and their current mortgage payment. At no time have they missed any payments as the money had been taking directly from my dad's check and sent to the trustee. My dad's plan was to repay back his creditors $68,000 , he currently paid a total of $72,000 plus into his plan and it is set to be audited soon. They recently recieved a notice from their mortgage company informing them of their intent to ask for a stay of relief from the bankruptcy in order to foreclose on my parents home due to nonpayment of the 2003 taxes which their mortgage company Greentree Financial is claiming to have paid. Needless to say after bringing home $45 checks and blank checkstubs for the past 3 years my father is stressed which has cause him to be hospitalized.
My parents contacted our county treasuer who stated the 2003 taxes had been paid by the trustee last year but they also stated they recieved a check in october which had been applied to my parents account.
The taxes are current on the property as my parents were responsible for paying the 2004, 2005 and so on taxes.
My question is, how can the mortgage company foreclose when they have recieve all delinquent payments,the mortage is current and was paid via the chpater 13 trustee on nov.1 and the delinquent taxes were paid through the bankruptcy? Can my parents sue if they lose their house do to any mistakes caused by their attorney or the bankruptcy trustee?
Any information you can provide will be appericated.