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JoeLawyer, Lawyer (JD)
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Experience:  Attorney in practice since 1996
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My mortgage was forclosed on in 2008. i filed for bankruptcy

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My mortgage was forclosed on in 2008. i filed for bankruptcy in september of 2008, after making all the court order payment to a trustee and making my regular mortgage at the same time my bankkruptcy was discharged in june 2012. But my bank says that i still owe 8 months post partian payment.
After reviewing my payment records i found that their was discrepancy in my escrow of over a thousand dollors dating back to 2006. in looking at the trustee payment records i see that that they made the first 17 payment to Deutsche Bank (the owner of the note) while I sent the regular mortgage to
first Franklyn loan Services. Is bank of America responsible for 2006 discrepancy? What about the Post partition Payments? I have all the records showing all payments.
Frequently a good way to resolve these types of payment dispute issues is in the Bankruptcy Court. I have filed Motions to Reopen closed cases in the past to enable me to file a Motion to Deem Mortgage Current to raise the issue of whether there were any post-petition payments that were not paid.

This might be a good strategy for you. I suggest contacting your bankruptcy attorney and see if they would advise reopening the case to investigate the bank's claims that 8 post-petition mortgage payments were missed. This often gets the attention of the people at the bank who have the authority to actually resolve these issues rather than your calling 800 numbers and getting the run around from people at the bank who may or may not know what they're doing, or may not be interpreting the data they have correctly.

Your attorney really should know that the bank is now trying to say you are behind 8 payments when you have proof that all payments were made.


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