Mortgage Arrearage
Posted: 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.
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> On Apr 10, 2013, at 11:58 PM, Michael Avanesian wrote:
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>> 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.
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>> 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?.
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>> Sincerely,
>> Michael Avanesian
>> Attorney and Counselor at Law
>> 818-817-1725
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>> On Wed, Apr 10, 2013 at 4:21 PM, Paul Horn wrote:
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>>> Hi, ALL:
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>>> 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
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>>> Thanks
>>>
>>> Paul Horn
>>> Attorney at Law
>>> Certified Public Accountant
>>> 850 E. Las Tunas Drive
>>> San Gabriel, CA 91776
>>> 800-380-7076
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