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Chapter 13 Postpetition Mortgage Arrears After Discharge
The debtor is going to have to show the mortgage company proof of the 60 payments. Hopefully your client kept copies. Since mortgage companies use fifo accounting (first in - first out), any payment missed by your client will not show up, as the bank will have credited payments for the earliest month due. (Meaning, e.g. the mortgage co. will likely say that last two were not made.)
I generally ask the mortgage co. for a list of the payments received and then try to get the client to figure out which payment is missing. Often that is over the client's head, so sometimes you have to go check by check and mark the ones that show up on the mortgage co's list to find the one(s) that is/are missing.
Get a copy of the front and back of the checks missing and ask the mortgage co. to acknowledge they received the checks.
if you cannot work it out that way, then you will probably have to reopen and move for an osc, but it is the debtor's job to prove the payments were made.
Dennis
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Feb 4, 2015, at 2:03 PM, 'Stephen Vokshori' stephen@voklaw.com [cdcbaa] wrote:
> No, mortgage payments made outside of the plan. This is a Valley case.
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> N. Stephen Vokshori | VOKSHORI LAW GROUP | (213) 986-4323 | stephen@voklaw.com
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> Sent: Wednesday, February 04, 2015 1:54 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Chapter 13 Post Petition Mortgage Arrears After Discharge
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> The mortgage payments were being paid through the plan?
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> On 2/4/2015 1:36 PM, 'Stephen Vokshori' stephen@voklaw.com [cdcbaa] wrote:
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> Hello:
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> C13 trustee filed Notice of Final Cure Payment in early 2014 and mortgage company filed its 3002.1(g) stating that debtor isnt current on post-petition mortgage payments. Following month, debtor filed cert of compliance and application for discharge. Trustee filed final report and in Nov 2014 the debtor received his discharge under 1328(a).
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> Mortgage company is now contacting PC telling him hes behind on his mortgage based on missed payments during the plan. Debtor disputes that he missed any payments.
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> Thoughts on the best way to resolve this?
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> (Debtors filing attorney was suspended/made inactive last year.)
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> Thanks,
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> Stephen
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> N. Stephen Vokshori, Esq.
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