LisaMc -- Did you file? - Page 2 - Credit Repair Forum from Creditnet
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  1. #11
    Marie is offline Senior Member
    Join Date
    Mar 2000
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    2,572

    Re: LisaMc -- Did you file?

    If you're paying Chase and they're not crediting your payments properly you may want to start exercising your Fair Credit Billing Rights now... ;)
    What would you do if you were certain you would always succeed...

  2.  
  3. #12
    LisaMc is offline Senior Member
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    Mar 2002
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    858

    Re: LisaMc -- Did you file?

    I forgot to answer the question about late fees--I don't know! They state the balance of the loan in the motion. It agrees, to the penny, to my amortization schedule after the May 2002 payment. That says to me that they received the payments. If not, why would they give the balance after all the payments have been made?

    They say that they want to be paid for all of the late fees, past due interest, escrow arrearages, legal fees, and undue administrative costs associated with the loan. So, I assume they have tacked on late fees, but I have no idea why they aren't reflected in the balance.
    Began this quest 8/01. Now:

    Me:
    EQ 420 ===> 775 3 Negs
    EX 445 ===> 723 4 Negs
    TU 405 ===> 831 Clean!

    HUBBY:
    EQ 450 ===> 794 - Clean!
    EX 473 ===> 749 - 3 Negs
    TU 501 ===> 876 - Clean!

  4. #13
    LisaMc is offline Senior Member
    Join Date
    Mar 2002
    Posts
    858

    Re: LisaMc -- Did you file?

    Marie, I am not familiar with my Fair Credit Billing Rights.

    I told the attorney that I wanted to counter sue them for anything that I could. Maybe I have something in the FCBR.

    Thanks for the tip.
    Began this quest 8/01. Now:

    Me:
    EQ 420 ===> 775 3 Negs
    EX 445 ===> 723 4 Negs
    TU 405 ===> 831 Clean!

    HUBBY:
    EQ 450 ===> 794 - Clean!
    EX 473 ===> 749 - 3 Negs
    TU 501 ===> 876 - Clean!

  5. #14
    soup is offline Senior Member
    Join Date
    Nov 2001
    Posts
    640

    Re: LisaMc -- Did you file?

    Marie is super in replying and I'm sure she'll give you great insight, in the mean time, take the tip and start reading, depend on no one, no one knows your exact situation and it seems to me that the attorney who I assume is getting paid isn't worth a dime, you know what they say "if you want something done right, do it yourself". Knowledge is power and as soon as you become familiar with your rights you won't be as stressed. Good luck to you, wish I could be of more help.
    07-25-04
    Equifax Fico 658
    Experian 690
    Trans Union 652

    December 2004
    Experian 702
    Equifax ?
    Trans Union ?

  6. #15
    Quixote is offline Senior Member
    Join Date
    Aug 2001
    Posts
    1,386

    Re: LisaMc -- Did you file?

    http://www.ftc.gov/bcp/conline/pubs/credit/fcb.htm

    Other billing rights

    Businesses that offer "open end" credit also must:

    give you a written notice when you open a new account - and at certain other times - that describes your right to dispute billing errors;

    *provide a statement for each billing period in which you owe - or they owe you - more than one dollar;

    *send your bill at least 14 days before the payment is due - if you have a period within which to pay the bill without incurring additional charges;

    *credit all payments to your account on the date they're received, unless no extra charges would result if they failed to do so. Creditors are permitted to set some reasonable rules for making payments, say setting a reasonable deadline for payment to be received to be credited on the same date; and

    *promptly credit or refund overpayments and other amounts owed to your account. This applies to instances where your account is owed more than one dollar. Your account must be credited promptly with the amount owed. If you prefer a refund, it must be sent within seven business days after the creditor receives your written request. The creditor must also make a good faith effort to refund a credit balance that has remained on your account for more than six months.

  7. #16
    LisaMc is offline Senior Member
    Join Date
    Mar 2002
    Posts
    858

    Re: LisaMc -- Did you file?

    *credit all payments to your account on the date they're received, unless no extra charges would result if they failed to do so. Creditors are permitted to set some reasonable rules for making payments, say setting a reasonable deadline for payment to be received to be credited on the same date;

    I was very serious when I said that a mortgage included in the special "BK division" at Chase is screwed. Step back in time, forget email/voice mail/internet/or computers. You are now in "The Special BK Division" at Chase. They suck!!!!

    The rep told me on more than one occasion to give them 4-6 weeks to post a payment once received. They do not accept electronic payment. They won't accept any type of bill payment service. The only type of payment is a regular bank draft check. When they receive it, it takes 4-6 weeks to show up on your account. I know for awhile they posted every one of my payments to a suspense account. I was told that was because all BK payments were handled that way. It just seems so odd to me that they would treat a BK mortgage different than a non BK mortgage when there is no difference in payment requirements/dates/etc.
    Began this quest 8/01. Now:

    Me:
    EQ 420 ===> 775 3 Negs
    EX 445 ===> 723 4 Negs
    TU 405 ===> 831 Clean!

    HUBBY:
    EQ 450 ===> 794 - Clean!
    EX 473 ===> 749 - 3 Negs
    TU 501 ===> 876 - Clean!

  8. #17
    sassyinaz is offline Senior Member
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    Jan 2002
    Posts
    2,695

    Re: LisaMc -- Did you file?

    Oh my gosh, lisa, what a mess!!!!!!!!!

    You must be a stressed and nervous wreck :-(

    Your BK attorney is familiar with the Truth in Lending Laws and RESPA protection?

    Especially for your escrow (RESPA) and the bolded parts that Quixote posted.

    I know chase hasn't been doing this, my mouth hangs open every time I read how they've handled your payments -- but there's no way for them to get around those laws, BK or no BK, internal BK department be damned.

    I know you are protected, what's scary is that they are forcing you to prove it and holding you and your house hostage.

    There's a story at the Bayhouse site, the link is on the front page to the Transamerica horror story. Seems like Christine followed and helped Denise Richardson with a similar story and there's another she's presently helping. I'm thinking she could likely give you some pointers for nipping this in the bud before chase goes further.

    I'm pretty sure that TILA violations are affirmative defenses to foreclosure action; I'll surf around for you.

    Gosh this is scary, I'm so sorry they are putting you through the ringer. I just hate that you are forced into such a spot for paying your mortgage on time!

    Sassy

  9. #18
    clc18940 is offline Senior Member
    Join Date
    Jun 2002
    Posts
    423

    Re: LisaMc -- Did you file?

    Lisa,
    I used to work for a large bank in NYC that is now part of Chase...there used to be three large banks..Chemical Bank, Manufacturers Hanover and Chase...over the past years they have merged into one...and now they are owned by JP Morgan.

    First I want to say the motion that the attys sent to you is pretty much boilerplate...they want a "relief of stay"...if you have all your docs in a row...don't worry about it...the judge won't lift the stay...as for the date...ask your atty to ask for a continuance due to personal vacation plans already made...you should get it with no prob.

    Some funny stories about how screwed up these banks are...I was a corporate VP on the retail side...so I heard all the screw up stories...we had a Sr. VP in Ohio that had a mortgage with the bank (of course) and the mortgage folks forgot to pay his taxes...even though they were escrowed...and he didn't find out until he saw the notice of the sheriff's sale in the newspaper! Talk about one pissed off guy...imagine the public embarassment...another story...my boss...the sr. vp of retail (this guy had 2,000 people working for him) applied for a credit card for his daughter who was going to college that year...he co-signed it...and he was denied...too funny!

    So to make a long story short...Chase is still dealing with merger probs...added to the probs they had b4 and you've got a big mess. The left hand doesn't know what the right hand is doing...they are definitely screwed up.

    but as I said earlier...if you've got all your checks and correspondence...the judge is not going to let them foreclose...he probably won't even lift the automatic stay given their piss poor performance on your account so far.

    good luck!

    clc
    "If you fall out that window and break both of your legs don't come running to me"

  10. #19
    sassyinaz is offline Senior Member
    Join Date
    Jan 2002
    Posts
    2,695

    Re: LisaMc -- Did you file?

    clc,

    Why would they send boiler-platish motion for relief from the stay at this point?

    She's not missed a payment nor been late!!!!!

    How come they didn't do it when she first filed?

    I hope the judge throws the gavel at them AND that he has good aim.

    Lisa,

    You've requested a payment history, yes? Seems you said so in another post. Did they provide it?

    You can ask them to validate, yep FDCPA, anything now claiming a total amount due. I know you've immaculate records and even if it matches -- it only matches because YOU gave them the figures and the escrow audit in the first place; they couldn't do their jobs, grrrrrrrrrrr.

    Anyway, you can ask for the validation, just because you can and it can buy you some time -- ask who owns your mortgage too, name and address.

    There have been some successful court cases that loan servicers have lost because they weren't the proper party to bring the motion. I'll dig it up if you need it or if your attorney just wants to throw some hardballs back at them.

    Sassy

  11. #20
    LisaMc is offline Senior Member
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    Mar 2002
    Posts
    858

    Re: LisaMc -- Did you file?

    Originally posted by sassyinaz
    clc,

    Why would they send boiler-platish motion for relief from the stay at this point?

    She's not missed a payment nor been late!!!!!

    **Chase thinks we are delinquent 4 payments. I think it is exactly what CLC said above, "the right hand doesn't know what the left hand is doing." Both of the people that I worked with at Chase on this issue are now gone. So, I am sure they have a great deal of turnover too.

    If you get away from all the legal issues, the detailed payment calculations and escrow implications, the basic problem is this....

    Chase bought a loan that had been in a CH 13 bk for over a year. It was in a package with 100's of other loans. Chase received and/or created incorrect information about the loan when they put it in their system. I alerted them immediately, before the first payment to Chase was ever due. They ignored me. This whole time, they thought the payment was about $500 more than it actually is. Chase said our payment was about $2000. It is really $1500. So, each month when I mailed our payment, they credited the $1500 to a suspense account. Our actual loan balance received nothing. In this case, the check was cashed, it cleared our bank, I thought everything was great. Month #2 payment is now due. I pay it like normal. Chase credits the $1500 to suspense again because it is $500 short according to the $2000 payment due in their system. Now, in the suspense account, there are two $1500 payments (and none on my loan) for a total of $3000. When the second payment is made, they now have enough in suspense to cover ONE of the $2000 payments the system thinks is due. Chase transfers 2,000 out of the suspense account to my loan, leaves 1,000 in suspense. WHen I make payment #3, I think I am current. Chase shows 1 payment made and a balance in suspense that has not been credited. As I later came to learn, that suspense money is not really even mine according to their system. It is just "unallocated general funds". It could belong to anyone. When this process goes on for a year, the picture just becomes more and more bleak. That is how you become 4 payments behind in their eyes.

    The stupid thing about all of this is if I had made a payment of $2,000 each month per Chase's instructions, we could have a $7,000 overpayment right now. I guess it would be sitting in escrow, or maybe suspense. I don't know.

    How come they didn't do it when she first filed?

    **The reason why they didn't do it 2 years ago was because they didn't own the loan then. Our mortgage was held by a company called Cenlar out of Ewing NJ. We never had one problem with Cenlar, not one. Cenlar sold our note, and everyone else on our street, to Chase almost a year ago. That is where the problems began and that is why they didn't object when the BK was filed.

    As you know, Sassy, we had no choice but to include the mortgage in the CH 13. We weren't behind on our payments at all when we filed. All debt included in the BK was unsecured. As a secured creditor (via the mortgage of property), we could elect to pay Cenlar through the trustee, if we included the secured debt, or we could pay it directly and not include the secured debt. We had a car note that was the same situation. It wasn't delinquent, we paid it directly. We have never had a problem with it. We saw no reason to involve the trustee in the mortgage, so we opted to pay it directly. Cenlar had no problems with it at all. Nothing changed from pre-bk to post-bk.

    I hope the judge throws the gavel at them AND that he has good aim.

    Lisa,

    You've requested a payment history, yes? Seems you said so in another post. Did they provide it?

    **Yes, I have requested a payment history on SEVERAL occasions. I have yet to receive one.

    You can ask them to validate, yep FDCPA, anything now claiming a total amount due. I know you've immaculate records and even if it matches -- it only matches because YOU gave them the figures and the escrow audit in the first place; they couldn't do their jobs, grrrrrrrrrrr.

    Anyway, you can ask for the validation, just because you can and it can buy you some time -- ask who owns your mortgage too, name and address.

    There have been some successful court cases that loan servicers have lost because they weren't the proper party to bring the motion. I'll dig it up if you need it or if your attorney just wants to throw some hardballs back at them.

    **The actual mortgager is a company called Movant. I have never heard of them until this motion was brought.

    Sassy
    Began this quest 8/01. Now:

    Me:
    EQ 420 ===> 775 3 Negs
    EX 445 ===> 723 4 Negs
    TU 405 ===> 831 Clean!

    HUBBY:
    EQ 450 ===> 794 - Clean!
    EX 473 ===> 749 - 3 Negs
    TU 501 ===> 876 - Clean!

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