momindebt

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About momindebt

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  1. Hi Methuss !!! You know, they never did respond to the RESPA letter...... I still have my copies and I'm ready to use it again !!! I'll follow your advice and will be ready for whatever comes after this .... And thank you very, very much again for your advice... it was priceless to me!!!
  2. Hi Guys !!! It's been a long time but I'm back just to report that I'm DONE with my BK!!! After paying 3 years on the plan, the judge allowed me to discharge the BK and after struggling for years, BoA finally agreed to put me on a payment plan to repay the escrow balance for the 2 remaining years on my mortgage !!! (yes, they worked w/me even when I didn't have my discharge letter....) About 3 weeks ago I received my discharge letter and just last week I got me a brand new car with a company that offered me a very low APR and the best of all is that I didn't have to give a down payment !!! In my case, going thru this BK was horrible ... but I can honestly say that I couldn't have finished it without y'all support and advice !!! THANK YOU !!!
  3. Hi Methuss ! I did send that RESPA letter certified back in October and I got the return receipt.... they have not responded. I'm not sure if that letter had anything to do w/BoA lawyers filing the transfer on my case on that same month. I also called the BK clerk and they told me that I needed to go to my attorney before trying to see the judge... when I explained how negligent my layer is, she told me to write a very detailed letter to the judge explaining my case, that way I can get things resolved without having to hire another lawyer and also told me what to do to file a complaint against my lawyer. On that same day (Feb 17) I went to see my lawyer and she got on the phone with BoA lawyers to see why they're trying to modify my mortgage pymt... He admitted that he has no idea but will try to have BoA agree to make a modification on my mortgage payment to repay that escrow balance on the 2 yrs 9 months that are left on my mortgage instead of repaying in 1 year. My lawyer also told me that I'm only 1 month away to complete 3 years paying on this BK and that after that I can modify it to have it discharged... sadly I'm unable to hire another lawyer so I guess my best option would be to do this and then deal w/BoA... I sure appreciate your help during this ordeal ..... It's been a nightmare but your advice has help me keep my sanity !!! P.S. I'm working on my letter to the judge just in case BoA won't work w/me.... Do you have any advice on that?
  4. Hi guys ! I'm in desperate need of advice !!!! As an update on my case: I have been on BK13 for 2 yrs still waiting for BoA to be included on my BK (they filed to be included on 10/09) . Over the weekend they sent a notice to let me know that my mortgage payment will be modified starting 04/10 for more than $1,000.00 per month over what I'm already paying as a mortgage payment ( to satisfy the escrow balance on my account)....... Can they do this ???? there is no way that I will be able to make that kind of a payment even if I drop my BK...... My lawyer is overly negligent and I'm not even sure how to drop the BK or how to stop the BK payments from being withdrawn from my paycheck !!!! I'm desperate...... please help !!!
  5. Hi everybody ! I'm currently under CH13 BK and my mortgage pymt is NOT included on the plan.... however, BoA has notice of my BK and did not gave me much info when I called to ask if I could change my due date or if I would be charged a late fee in the case my payment is late this month ..... I'm on my 2nd year of my BK and is the first time that the mortgage pymt will be late .... will I be charged a late fee ? will it be reported on my credit report ?
  6. Hi Everyone ! Happy New Year ! ..... Update on my case : BoA finally had their lawyers file to be included in my BK ..... they filed in court by the end of October '09. Since then nothing has changed... my lawyer told me that we didn't have to respond in court, just let them get included and eventually my payments would be sent to them instead of any other creditors...... Does anybody have an idea of how long does it take for the court to make a change like this in a BK? Thanks in advance for your help !
  7. Dear Methuss: You are my hero !!!! I just printed the letter and I think this would help me enormously ...... I'm pretty sure that it will make them speed things up with their lawyers. Last week I contacted the escrow dep of BoA and I explained my situation to one of their agents. I told her that I wanted to know if they would make a payment plan with me to repay the escrow in a period of 3 years... If they agree to this I would modify my CH13 and start paying the balance on the escrow..... She told me that the manager would agree to the plan since this is something they have done before but my acc has a "hold" that can only be removed from the people in the bankruptcy dep..... So I called the bankruptcy dep and they told me that my lawyer would have to contact theirs in order to make some kind of agreement and then they would be able to take off the "hold"..... When he said that, I replied that we have waited and waited for their lawyer to respond but since they have done nothing since April this year, I decided to start making calls to get this resolved.... He said that he'll contact their lawyers and see why they are taking so long..... I also wrote an e-mail to my lawyer about this conversation I had with BoA and she said that she forwarded my e-mail to BoA's lawyers and they are looking into my case.... I will send this letter to BoA ..... This is awesome ! They are going to have to take me seriously now ..... They have been trying to find something that puts me in default of my loan... Just last week they called saying that they don't have proof of my home insurance (I faxed a copy of my policy back in Feb) so I went to the bank and brought my policy w me and I made sure that one of the agents make a copy for their records.... I don't have enough words to thank you Methuss .... Honestly with your advice I feel more confident about getting out of this mess and also I can sleep better now ....
  8. Thanks April ! I really appreciate your comments ........ And it's true, I do feel like my lawyer is not even trying to look after my best interests, is like she wants to drag this thing out until the end of the BK....but even when I panic and feel like trowing the towel I don't want to be a victim of this system, that's why I keep on asking questions and bugging people ....... I can't afford to loose money that I don't even have ! Finding this forum has helped me lots and I sure appreciate the help and good intentions of people like you and Methuss who has been there with me since the beggining...... Thanks !
  9. When I first noticed the error and got frustrated that my lawyer wasn't helping much, I called the Trustee's office and tried to explain my problem but they told me that I had to fix it thru my lawyer..... Then I went and consulted another law firm and they told me that they could take over my case for a fee of $2,000.00 but really they wouldn't be able to do anything much different than what my lawyer was already trying to do .....
  10. But that is exactly my problem !!! ......... I filed BK (03-27-07), BoA paid the County (04-13-07), the Trustee paid the County (02-22-08 & 03-28-08) and the County returned the payments received to the Trustee (05-27-08).... and then the Trustee started paying 100% back to all my unsecured creditors.... all this within the first year of my BK so I didn't noticed all this until I got the statement that the Trustee sends once a year.... After that, I contacted my lawyer and she didn't do much..... so I contacted BoA myself on April '09 and they claimed they didn't know that I was under BK but could not explain why BoA didn't notified me of the payment made to the County or why they didn't modify my mortgage payment to repay the escrow balance... on May 2009 BoA lawyers filed a motion to revise my BK case and since then they have not responded or file anything else to try to be included on my BK..... In the meantime I have made all my BK payments (around $13,000.00 so far) but I know that I will have to repay BoA sooner or later..... That's why I panic... for me it doesn't make any sense to keep on paying this BK , but now BoA wont be able to make a payment plan with me to repay the escrow until this matter gets resolved between the lawyers... I have been tempted to just dismiss my BK..... should I do that?
  11. [ Methuss wrote: That is only true of any past due amount on the mortgage at the time the bankruptcy was filed; and only if the judge discharges that obligation at the end of the plan. You must understand with a primary home mortgage the mortgage is an instrument against the property, not the borrower. The lien against the property survives the bankruptcy even if the personal obligation for the borrower to pay it is discharged. The injunction only bars the lender from collecting discharged amounts, it does not clear the mortgage lien. The house/property is not yours if you pay back only 5 years on a 30 year note simply because you filed a chapter 13. That is a misconception. ] So........ Am I gonna have to pay the escrow balance that shows in my mortgage even when that was added after I filed the BK? If so, How do I estimate the amount that I actually owe? When I filed BK the County estimated the amount based on the past due property taxes plus interest and penalties for the length of my BK...... And I know for sure that now BOA is adding the legal expenses incurred when they made the payment to the County....
  12. Wow... Thank you very much Methuss ! I really appreciate the patience that you have with me. Now I understand why you keep on telling me not to panic. Now let me ask you one more thing : if BoA never files papers in court and my BK gets discharged.... What happens next? By my calculations I will finish paying my regular mortgage around the same time my BK should get discharged....
  13. Hi Methuss ! First, let me tell you that I appreciate very much the fact that you are helping me in this matter.... I know that you may think that I'm really hardheaded and that I can't seem to stop panicking, and that's true ! That and the fact that I a little bit ignorant on the subject ... My problem is that I don't have much time to Educate myself on this and I start making assumptions on the comments that I get from my case or other cases similar to mine.... Like for example: on your last comment you said that BoA cannot go after me because I'm protected because of the BK and that even after my case is discharged they can't try to collect that money.... But on the last conversation that I had with my attorney she actually told me to try to contact BoA because we can modify my Ch13 to finish it in 3 years instead of 5 and that way I can repay them...... If I'm going to have to pay what I owe to BoA regardless if they get included or not , what is the point on waiting for them ? Shouldn't she try to modify right away so my money can start going to BoA? That's why sometimes I think she is not doing her job properly, she acts like there's nothing that she can do but wait for them to see what they want to do on my case and that makes me feel like I'm at the mercy of this big corporation... Yes, I panic ....
  14. The problem in my case is that most of my creditors did file.... So now my 5 yr plan is set up to pay 100% back to all unsecured creditors. Since in the beginning the only secured debt was the property taxes that I owed to the County and BoA didn't file anything ( because my mortgage wasn't delinquent ) all the payments are being distributed to small debts that I had..... Even traffic infractions are being paid on my BK !!!! I'm concerned that BoA is not even trying to get included .... Anyway, even if I'm under the BK protection they can wait until my Bk is discharged to proceed and try to recover the money they paid directly to the County after I had filed BK. I don't trust my lawyer anymore because she doesn't show any interest in contacting BoA. She is just waiting for them to do something to modify my CH13 or for me to give her $2,000.00 extra to convert to a CH7.
  15. Hi guys! It's been a while and I'm still in the same situation pretty much but I was wondering if anybody here has a comment or by previous experience can help me out with this ..... Since BoA hasn't filed anything in court..... what are the chances that they make or agree to put me on a payment plan to repay the escrow balance on my mortgage? My lawyer keeps on telling me that I should wait for them to file something in court so they can be included but it just doesn't make sense to me to keep waiting and paying on my bankruptcy while they do nothing.... If I contact the bankruptcy department of BoA are they gonna be able to discuss my case with me or do I have to do it thru my lawyer? I was thinking about modifying my Ch13 but I'm scared of what BoA may do if I finish my Bk ..... Please help me out!