Mortgage Arrearage

Yahoo Bot · Thu Apr 11, 2013 7:23 am

I provide the PC with a copy of the itemized proof of claim and have them reconcile with their canceled checks etc. most of the time it is the penalties and extra charges.
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On 11 Apr 2013, at 06:22, Jay Fleischman wrote:
> Or you can do a QWR, get a full accounting of the loan from the servicer, and review it with your client line by line. If there's a discrepancy then you object to the POC, and if not then you don't.
>
>
> On Apr 10, 2013, at 11:58 PM, Michael Avanesian wrote:
>
>>
>>
>> You can also ask them to show you all the cashed checks or bank statements showing those payments were made. Then you can calculate the arrears yourself and show them the bank is right (or wrong). If they persist, you can also use your attorney fees as leverage to get them to stop.
>>
>> There is no way I'd personally object to a claim with my only proof being the Debtor's declaration that he does not owe so much. How can you look at the judge in the face after filing that?.
>>
>>
>> Sincerely,
>> Michael Avanesian
>> Attorney and Counselor at Law
>> 818-817-1725
>>
>>
>> On Wed, Apr 10, 2013 at 4:21 PM, Paul Horn wrote:
>>>
>>>
>>>
>>> Hi, ALL:
>>>
>>> How do you deal with debtors that say they don't owe that "much" in mortgage arrearage? But don't offer any concrete written contractual evidence contrary to the proof of claim. BUT they expect the "attorney" to fight for the lower arrearage amount

>>>
>>> Thanks
>>>
>>> Paul Horn
>>> Attorney at Law
>>> Certified Public Accountant
>>> 850 E. Las Tunas Drive
>>> San Gabriel, CA 91776
>>> 800-380-7076
>
>

The post was migrated from Yahoo.

Yahoo Bot · Thu Apr 11, 2013 6:22 am

charsetndows-1252
Or you can do a QWR, get a full accounting of the loan from the servicer, and review it with your client line by line. If there's a discrepancy then you object to the POC, and if not then you don't.
On Apr 10, 2013, at 11:58 PM, Michael Avanesian wrote:
>
> You can also ask them to show you all the cashed checks or bank statements showing those payments were made. Then you can calculate the arrears yourself and show them the bank is right (or wrong). If they persist, you can also use your attorney fees as leverage to get them to stop.
>
> There is no way I'd personally object to a claim with my only proof being the Debtor's declaration that he does not owe so much. How can you look at the judge in the face after filing that?.
>
>
> Sincerely,
> Michael Avanesian
> Attorney and Counselor at Law
> 818-817-1725
>
>
> On Wed, Apr 10, 2013 at 4:21 PM, Paul Horn wrote:
>
>
>
> Hi, ALL:
>
> How do you deal with debtors that say they don't owe that "much" in mortgage arrearage? But don't offer any concrete written contractual evidence contrary to the proof of claim. BUT they expect the "attorney" to fight for the lower arrearage amount

>
> Thanks
>
> Paul Horn
> Attorney at Law
> Certified Public Accountant
> 850 E. Las Tunas Drive
> San Gabriel, CA 91776
> 800-380-7076
>
>
>
>
>
>
charsetndows-1252
Or you can do a QWR, get a full accounting of the loan from the servicer, and review it with your client line by line. If there's a discrepancy then you object to the POC, and if not then you don't.On Apr 10, 2013, at 11:58 PM, Michael Avanesian <michael@avanesianlaw.com> wrote:

You can also ask them to show you all the cashed checks or bank statements showing those payments were made. Then you can calculate the arrears yourself and show them the bank is right (or wrong). If they persist, you can also use your attorney fees as leverage to get them to stop.
There is no way I'd personally object to a claim with my only proof being the Debtor's declaration that he does not owe so much. How can you look at the judge in the face after filing that?.
Sincerely, Michael AvanesianAttorney and Counselor at Law818-817-1725
On Wed, Apr 10, 2013 at 4:21 PM, Paul Horn <attorneypaul2000@yahoo.com> wrote:

The post was migrated from Yahoo.

Yahoo Bot · Wed Apr 10, 2013 11:58 pm

You can also ask them to show you all the cashed checks or bank statements
showing those payments were made. Then you can calculate the arrears
yourself and show them the bank is right (or wrong). If they persist, you
can also use your attorney fees as leverage to get them to stop.
There is no way I'd personally object to a claim with my only proof being
the Debtor's declaration that he does not owe so much. How can you look at
the judge in the face after filing that?.
Sincerely,
Michael Avanesian
Attorney and Counselor at Law
818-817-1725
On Wed, Apr 10, 2013 at 4:21 PM, Paul Horn wrote:
> **
>
>
>
> Hi, ALL:
>
> How do you deal with debtors that say they don't owe that "much" in
> mortgage arrearage? But don't offer any concrete written contractual
> evidence contrary to the proof of claim. BUT they expect the "attorney" to
> fight for the lower arrearage amount

>
> Thanks
>
> Paul Horn
> Attorney at Law
> Certified Public Accountant
> 850 E. Las Tunas Drive
> San Gabriel, CA 91776
> 800-380-7076
>
>
>
You can also ask them to show you all the cashed checks or bank statements showing those payments were made. Then you can calculate the arrears yourself and show them the bank is right (or wrong). If they persist, you can also use your attorney fees as leverage to get them to stop.
There is no way I'd personally object to a claim with my only proof being the Debtor's declaration that he does not owe so much. How can you look at the judge in the face after filing that?.
Sincerely, Michael AvanesianAttorney and Counselor at Law818-817-1725
On Wed, Apr 10, 2013 at 4:21 PM, Paul Horn <attorneypaul2000@yahoo.com> wrote:

The post was migrated from Yahoo.

Yahoo Bot · Wed Apr 10, 2013 4:44 pm

You tell the debtors that a claim filed under section 501 of the bankruptcy
code is deemed "allowed" unless the debtor objects. (See 502(a)). You
then tell them that they can pay you extra to object, but it will be a
waste of their money if they have no evidence to support the objection.
While this ought to get the client to put up or quiet down, you're not
going to get paid for the objection without a supplemental fee application
so I'd be sure the objection is proper before actually filing one.
Best Regards,
*Link Schrader, Attorney*
Law Office of Link W. Schrader
Mail: P.O. Box 3723, Tustin, CA 92781
Office: 106 W. 4th Street, Suite #308, Santa Ana, CA 92701
Office: (714) 542-5922; Mobile/Text: (310) 413-6924
San Diego: (619) 952-8342; Fax: (310) 878-4158
www.schrader-law.com

The post was migrated from Yahoo.

Yahoo Bot · Wed Apr 10, 2013 4:21 pm

Hi, ALL:
How do you deal with debtors that say they don't owe that "much"
in mortgage arrearage? But don't offer
any concrete written contractual evidence contrary to the proof of claim. BUT
they expect the "attorney" to fight for the lower arrearage amount

Thanks
Paul Horn
Attorney at Law
Certified Public Accountant
850 E. Las Tunas Drive
San Gabriel, CA 91776
800-380-7076

The post was migrated from Yahoo.