Can I sue a mortgage co (Long post)

Can I sue my current mortgage (long post)

First of all Here is some info:
1. Iâ??m in the 2nd year of a chapter 13 plan
2. My mortgage payment is paid by my plan
3. I live in Missouri

Ok sometime in Sept of 2003 â?? Midland Mortgage Company bought my mortgage from Homeside lending.
After 2 separate request Midland never filed the correct form with the court requesting payment be sent to them instead of Homeside lending.
The trustee continue to send payment to Homeside and Homeside sent payment to Midland.

This was fine until Homeside started refusing payment. Midland then filed the paperwork in April of 2003.

In may I contacted a mortgage company about refin of my mortgage. I got court permission from the court to take a loan of 140000 and the new Mortgage co said they could do 6.5%. The process got going â??
JB Nutter made a request to Midland mortgage for a payoff amount (my closing was set for Jun 2003)

I received a copy of the statement and noticed the payoff amount was several thousand more than I expected.
5/30/03
Midland said they had no payments since October 2002. I called and said that I have all the documents to prove payments. I faxed the trustee ledger which showed payments for every month without interuption.

It is now 6/17/03 and this matter remains unresolved â?? The BK department is giving me a run around. A new payment will go out to these guys shortly which is the higher rate.

Can I sue for difference in rate plus punitive damages?


I started keeping a log in Excel of my contact with the company here it is:


5/31/03 Received Payoff Statement I received the letter on Saturday

5/31/03 - The statement held several error: Interest Paid to Date, Interest calculated to 6/1/03, Principle Balance, Late Charge Balance and errors of fees with no explanantion.

6/2/03 Called Lance Left voice message No callback

6/2/03 Ask rep for someone else Followup to above Spoke with Laderica in bankruptcy, She instructed me to fax trustee ledger to her and she'd forward it to the correct person.

6/5/03 Lance Burton Called to confirm fax had been received Although the fax receipt shows a successful send - Lance said he could not find it and instructed me to fax it again.

6/5/03 Lance Burton Called to confirm 2nd fax had been received Lance said he'd found the first fax document and they are under review.

6/9/03 Lance Burton Sought a status on the progress of my correction Lance said - It was still under review

6/16/03 Pattie Patty Pattie - Gave me the name of the supervisor in the BK department (Cindy Jager ex 1273)

6/16/03 Cindy Jager Above rep transferred me to Cindy's voicemail Left Cindy a message describing the issue

6/16/03 Cindy Jager Called Cindy back after not receiving a callback (see above) Cindy said the late fee would be waived, She also said she would pull the file and assign it to someone who can work it today. She promised to call me back today. As of 4:00pm I've received no callback. (6/17/03: Cindy Never called back)

6/17/03 Lance Burton Called ask Lance what was going on Lance said the person that was working the case was out and he would call me back. I said that was unaceptable because promises are made to callback but they never callback. I asked to speak to Cindy