can I bring a lawsuit against my mortgage comp?

I live in new york, mortgage company is in florida. This will be very confusing, I hope someone understands. In 1996 we filed a ch 13 due to mortgage arrears, all arrears were paid thru trustee with us making all post petition payments., my 13 just ended and I am told I am due for APRIL 2000 payment (post petition), I am 3 months behind but i was accepted for FHA's modification program to refinance and those arrears will be put at end of loan, but they say i am not 3 months but 18 months. they say i was last current in march 2000, BUT i always western union my payments and I have a receipt for all the months I paid, $13500 since april 2000, yet they keep telling me I am 18 months behind, even though they agree they have received the western union, I am going to lose my mind and home unless I pay money I already paid, I am so angry I want to sue them for such stress, what should and could I do?

[HomeGuru]

Hire an attorney to write a letter on your behalf to include evidence of all payments made and a full accounting. Send the letter to the lender via certified RRR mail.

if i dont sign the modification agreement they said forclosure will begin, can a lawyers letter put that on hold until i get the credit i am due for? and after it is proven I AM RIGHT, what action can i take against them for the unbelivable stress of being told to come up with 10,000$ in a week has done to me. It is hard to believe that after 10 phone discussions they still do not get it.

[HomeGuru]

Possibly or at least you have legal counsel to file a counterclaim to the foreclosure suit.

hi regal, my husband & I are in the same boat and it's a shame. We are going to sue. Our situation is a pure mess. We too have made all the proper payments on our mortgage. While trying to get credit for a new car, the lender denied us saying that we were $4,000+ behind on our mortgage. Long story made short, we had to submit copies of all the payments we made to the mortgage company, wrote several letters and they still didn't honor our reciepts, they wouldn't even reply to us. They proceeded with foreclosure and we are now proceeding with a law suit, we have already begun the process. We have solid proof of their error. Our lawyer sent a letter and they didn't reply to him either. We as consumers do have rights against this type of action and I suggest you get a lawyer immediately. I hope your mortgage company handles your situation in a better way than ours, this mess has been going on a year now. Sad