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RONB-ESQ
RONB-ESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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I have three more chapter 13 payments to go. my mortgage

Customer Question

I have three more chapter 13 payments to go. my mortgage company says I m behind in my payments because of my payments being applied to prior serviceror fees, unproven late fees and a insurance error that caused an escrow shortgage. they recently increased my monthly payments to pay for the shortage but right after took three house payments and applied them to ecrow. now I have a large amount sitting in escrow and I am paying off
the shortage every month because they raised my payments to cover it. I am now behind
because three mortgage payments are sitting in escrow as a credit. my bk lawyer is
going out of business and wont help. will I not be able to receive my bk discharge or can I
dispute the descepencies/ if they remove those payments and put them towards payments I would show current.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Expert:  RONB-ESQ replied 1 year ago.

I can say that the way the system is typically set up you will need to contact the standing trustee (person you send your payments to) and advise them that you may be late. The system is generally automated and once you miss a couple payments the trustee files a motion with the Court to dismiss your case. It would be awful to pay this close to the end and not obtain the bankruptcy discharge. You can initially dispute this with the lender and try to resolve with them, in the event you can't resolve it you can modify your current bankruptcy to cover the 3 late payments. This will drag it out longer, but it would keep your discharge intact. If the escrow was misapplied then it is your money and you will get it back, but sadly the mortgage companies don't act to fast. In most jurisdictions you can get another attorney that handles CH13 cases to file for a modification and his payment is set by the Court and will come out of your payments.

I know this does not sound like it should be this hard. I would also recommend that you do a free consult with a CH13 BK Attorney that practices in that area because every CH13 trustee has their own systems and he/she will know how long you have before the trustee will move to dismiss your case due to non payment.

Does that answer your question? If so thank you in advance for providing me positive feedback as that is the only way I am credited for answering your question Do note that after leaving positive feedback you are welcome to reply here with as many follow up questions as are needed to answer the question you posted for free.

Regards,

Ron

Expert:  RONB-ESQ replied 1 year ago.

I just thought I would give you a heads up that I am logging off for the night. Do note that I should be back online around 1:00 PM CST tomorrow and will be happy to respond then to any additional questions. Feel free to reply here with follow up questions or if you need me to clarify something. In the event you would prefer to cover this over the phone I can make that happen as well for the additional $52 charged by the site. In the event you don't want a call just continue to reply here until I have fully answered your question.

In the event this answers your question thank you in advance for leaving me positive feedback as that is the only way I am compensated for the time I spent answering your question. Do note that even after positive feedback you are welcome to reply as long as needed here for free until your question is answered.

Regards,

Ron

Expert:  RONB-ESQ replied 1 year ago.

Hello again,

I wanted to check in with you and confirm that you did not have any further follow up questions for me from the answers I provided to you on the 1st. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received a rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can go directly to my page for future questions by going here: http://www.justanswer.com/law/expert-ron-b/?rpt=3800

Regards, Ron