Mortgage company breaking law?

[gretch30]

What is the name of your state?Kentucky.

Is it a crime by the lender if they've told us our second mortgage has been "forgiven"? Now the story: Bankruptcy discharge (Ch7) August, 2004. Did not reaffirm home but continued to make payments....loan officer lied to us...he did not escrow taxes like he said he did in our monthly payment....found out too little too late....payment shot up to unaffordable....tried to keep making payments...did for a while....mortgage company wouldn't cut us a break on our first hard month of needing to pay late...now it's in foreclosure....mortgage co. says we can try to sell it first if we want....they gave us a listing price....was less than what we used to owe (before Ch7 discharge)....they told us the second mortgage had been forgiven....what's up?

Currently in cahoots in court fighting the bast***ds for breaking a federal law regarding FCRA. We're stuck on getting approved for a rental or ownership because of inaccurate reporting. We are starting to feel like big suckers. They keep saying we don't owe anything b/c of the BK7, but they won't report it that way or even send us a letter we can present to lenders or rental people. I filed with the courts today on the foreclosure case including exhibits to back us up on our claims. Any advice on this, too?

[pojo2]

I have no knowledge of BK laws in order to form an opinion on where the laws were broken.

I do suggest you start taking responsibility for your own life and actually READ what you sign when doing something like a Mortgage. When looking over the loan payments did you not determine if the payment indeed DID include the escrow acct?

Expect that litigation to take a long time and a lot of money before it is over.

"Is it a crime by the lender if they've told us our second mortgage has been "forgiven"?:

Got this is writing?

[HomeGuru]

Originally Posted by gretch30

What is the name of your state?Kentucky.

Is it a crime by the lender if they've told us our second mortgage has been "forgiven"? Now the story: Bankruptcy discharge (Ch7) August, 2004. Did not reaffirm home but continued to make payments....loan officer lied to us...he did not escrow taxes like he said he did in our monthly payment....found out too little too late....payment shot up to unaffordable....tried to keep making payments...did for a while....mortgage company wouldn't cut us a break on our first hard month of needing to pay late...now it's in foreclosure....mortgage co. says we can try to sell it first if we want....they gave us a listing price....was less than what we used to owe (before Ch7 discharge)....they told us the second mortgage had been forgiven....what's up?


Currently in cahoots in court fighting the bast***ds for breaking a federal law regarding FCRA. We're stuck on getting approved for a rental or ownership because of inaccurate reporting. We are starting to feel like big suckers. They keep saying we don't owe anything b/c of the BK7, but they won't report it that way or even send us a letter we can present to lenders or rental people. I filed with the courts today on the foreclosure case including exhibits to back us up on our claims. Any advice on this, too?

**A: here is the problem. you do not know exactly what happened in BK.
Until you can provide some facts and useful information, we can't help you.

[gretch30]

Originally Posted by pojo2

I have no knowledge of BK laws in order to form an opinion on where the laws were broken.

I do suggest you start taking responsibility for your own life and actually READ what you sign when doing something like a Mortgage. When looking over the loan payments did you not determine if the payment indeed DID include the escrow acct?

Expect that litigation to take a long time and a lot of money before it is over.

"Is it a crime by the lender if they've told us our second mortgage has been "forgiven"?:

Got this is writing?

REPLY: We did read what we signed. Each mortgage company as we have learned....have their own policies regarding the actual written account of an escrow account. Some mortgage companies have it clearly stated on their documents, some not at all. Obviously, our case was the latter. We were told over and over it was included in the payment.

I will see if I can somehow get something in writing that states that the second mortgage was forgiven. Which should mean a thing to us in the first place since we don't owe anything due to Ch7 Discharge.

For HomeGuru:
Regarding our Ch7 Bankruptcy, our mortgages were on the list of creditors. We were granted a discharge of all reported debts. Our mortgage company knows this.

My problem, as I filed with the courts yesterday with included documentation, is that the mortgage company is still reporting us with balances on the 1st and 2nd. FCRA states that by law creditors must report "discharge due to bankruptcy" and "zero balance". This impedes our being able to find a residence because that is THE reason why we can't get approved for anything with that on there....because it looks like we still owe the debt.

I was trying to get some advice from this website related to the possibility of there being anything else I needed to do with the courts other than what I did....file a complaint with documentation supporting malice, attempts at collection of debts, unlawfulness and unethical procedure (didn't mention in this post the rest of the mortgage company's communications with us...but they fall under the above complaint specifics). I know you probably think people who file bankruptcy are scum. Believe me, it is quite a humiliating experience. But please be so kind as to give me some advice if you think of anything. Thank you.

[pojo2]

Sorry I just ASSUMED people who got mortgages, one of the biggest investments in many folks lives, would know that their payment was not large enough to have the escrow included.

[gretch30]

Originally Posted by pojo2

Sorry I just ASSUMED people who got mortgages, one of the biggest investments in many folks lives, would know that their payment was not large enough to have the escrow included.

Is this a legal website or a site for comedians who were rejected so they had to find a day job? My husband holds a doctorate and I a masters. Sorry we're not as smart (or pompous) as you. Maybe one day....until then, we'll try to avoid mistakes while learning from the ones we make.

I hope whatever crawled up your bum finds its way out soon. I wonder....do you have this much courage to speak in such a condescending way with people face to face.....or do your prefer the shield of a computer monitor?

Thanks for the waste of time....to you and to me.

[In_a_mess]

Originally Posted by gretch30

Is this a legal website or a site for comedians who were rejected so they had to find a day job? My husband holds a doctorate and I a masters. Sorry we're not as smart (or pompous) as you. Maybe one day....until then, we'll try to avoid mistakes while learning from the ones we make.

I hope whatever crawled up your bum finds its way out soon. I wonder....do you have this much courage to speak in such a condescending way with people face to face.....or do your prefer the shield of a computer monitor?

Thanks for the waste of time....to you and to me.

Well said. I agree with you. I am moving on to a site that gives REAL info with support and not smart ass comments.

P.S. I am in the same similar boat. RE: CRA's are not reporting correctly. All you can do is dispute the CRA's report.

[pojo2]

Originally Posted by gretch30

My husband holds a doctorate and I a masters.


Sorry we're not as smart (or pompous) as you. Maybe one day....until then, we'll try to avoid mistakes while learning from the ones we make.

I hope whatever crawled up your bum finds its way out soon. I wonder....do you have this much courage to speak in such a condescending way with people face to face.....or do your prefer the shield of a computer monitor?

Thanks for the waste of time....to you and to me.

I do not think in light of what you did I would admit to the first line I have quoted. Where is your good old common snese?

Yes I do speak this way to people face to face when they show such a lack of responsibility.

Sorry but around here we do not post what the OP wants to hear. If so it would go like this

You poor thing how could they do such an outrageous thing? How could they possibly expect you to understand one word of a contract or attachments that you read? I would go to court tomorrow and sue them for every penny they have after such abuse.

So take which ever answer you wish.

[gretch30]

Originally Posted by pojo2

I do not think in light of what you did I would admit to the first line I have quoted. Where is your good old common snese?

Yes I do speak this way to people face to face when they show such a lack of responsibility.

Sorry but around here we do not post what the OP wants to hear. If so it would go like this

You poor thing how could they do such an outrageous thing? How could they possibly expect you to understand one word of a contract or attachments that you read? I would go to court tomorrow and sue them for every penny they have after such abuse.

So take which ever answer you wish.

Like I said....a waste of time. Please go take your ego to someone else's post. This one's over.

[BriantheBanker]

The problem is that you included your mortgage into your BK, but continued to pay your mortgage payments. Your mortgage company has minimal if any knowledge of what you are doing/did in your BK.
You are fighting an uphill battle.

move on. the energy you spend fighting this could be better spent.

good luck

[seniorjudge]

Originally Posted by In_a_mess

...I am moving on to a site that gives REAL info with support and not smart ass comments....

Please give the address. Thank you.