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We filed chapter 13 in Dec 2004. We were released in Sep.

We filed chapter 13 in...
We filed chapter 13 in Dec 2004. We were released in Sep. 08'. We have a 2nd. mortgage with Bank of America. In Jan 2005 they discontinued sending statements, we continued a 250.00 payment per month from that date forward beginning balance of appx 15,000. By my calculations based on a 5.5 interest rate our payoff should be in the 8,500 range, they contend it is over 10,000. They also have assessed monthly fees to the tune of appx. 400.00 dallars which they have partially withdrew. From Jan 05 forward every month I have requested many types of info which they partially send. The item I have requested numerous times to no avail is a month by month detail of interest calculations. There are great differences (60.00 dollars or so) in some instances of month to month calculations on balances. They have sent a statement showing payments applied, interest charged etc..., but no explanation on actual calculations. I am really frustrated by this. Can you help? Thank you
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Answered in 2 hours by:
1/4/2009
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36,715
Experience: Bankruptcy Lawyer. Experienced.
Verified

Hello,


Thank you for your question. I am happy to assist you.


You can file an action to demand an accounting. In the action you would in effect force the bank to detail the amount that is payable and how they arrived at that number. You will likely need to retain legal counsel.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER


Please click ACCEPT so that I can get credit for my work

Bonus and Positive Feedback gratefully accepted!


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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Customer reply replied 9 years ago
Financially things are pretty tight right now, could you do this for us and what would the fee be? I am so frustrated trying to get this resolved if this isn't going to cost us and arm and a leg I would appreciate a hand. Thanks Gary Kappler
Hello,


Thank you for the opportunity but the rules of the site prevent me from doing so. Please remember to click accept so that the site knows to pay me. Thank you.
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36,715
Experience: Bankruptcy Lawyer. Experienced.
Verified
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Ellen
Ellen
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Category: Bankruptcy Law
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