Ameriquest Harrassing after Ch 13 filed

[freespirit79799]

What is the name of your state? Missouri

I filed ch 13 bankruptcy 2 years ago. Current mortgage payments go directly to Ameriquest, arrears to the court trustee. It has been a nightmare, with their attorney sending my letters 7-14 days after they cash my payment claiming I haven't paid, charging me $75 for each of these letters. They keep taking me into court claiming no payments, while my attorney and I spend time and money proving payments are received and cashed. They refuse to send me monthy statements to show how they are applying my payments, and how the interest is accruing on my account. But, worst of all, they are now calling me on my job repeatedly, and at home, claiming my house is going into foreclosure for not paying since Oct 2004. They refuse to verify the timely payments I have made, they refuse to verify that I filed ch 13 two years ago, these Ameriquest employed collectors have never called my attorney, and they even refuse to take down the name and number of their own attorney who is handling the ch 13 case for them when they call me. Isn't it illegal for them to attempt collections while in a bankruptcy agreement? Isn't it also illegal for collectors to refuse to verify attorney representation once the information is given to them? What can I do to stop this harrassment? The calls at work are going to get me fired.

 

[Ladynred]

Isn't it illegal for them to attempt collections while in a bankruptcy

It most certainly is illegal !! They are violating the automatic stay. Once they know you are in bankruptcy AND represented by a lawyer, they are supposed to be contacting your LAWYER, not you. You need to get your lawyer to clamp down on this dipwads. Ask him about filing a Motion for Contempt against them ASAP for their actions, they're over the line. Your lawyer should also send them a cease and desist letter to stop the calls at work.

Chances are, the payments for the arrears that is going to the Trustee is what's causing this whole problem. Do you know FOR SURE they they are getting paid by the Trustee for the arrears ??

 

[freespirit79799]

...Ask him about filing a Motion for Contempt against them ASAP for their actions, they're over the line...

Missouri

Several hours after posting my concerns here, I received a letter of foreclosure. Ameriquest says I must pay over $13,000 by 6/13 or they will foreclose. They say I have made no payments since 10/2004.

My attorney was aware of all this prior to the letter just received. She contacted their attorney to tell them to stop calling me and threatening foreclosure, as payments had been made, but has never had a response.

The Ch 13 was discharged over 18 months ago, and their underhanded tactics have escalated to this attempt to foreclose.

I called them today to demand an explanation of the foreclosure letter. She said all payments after 10/2004 were being applied to the months of late 2003 to 9/2004 because those payments had not been made. She also said someone had noted on the account that the automatic stay had been lifted.

I keep thorough records. I pointed out all my cashed payments to them, and the courts. She was able to see that I had, indeed, made all payments prior to 10/2004 as well as after, and cannot explain why they were claiming payments had not been made. She also claims they are unable to determine who noted the account that the automatic stay had been lifted, but confirms they have no backup records of the documents to support this absurdity.

She also said the trustee was only paying them a lump amount each 6 months, instead of monthly, and this disagrees with them.

I told her that is not my problem, they should take it up with the trustee, not begin harrassing me on the job and willy-nilly starting a foreclosure, while doctoring notekeeping to make it appear stays are lifted, and blatantly lying about whether or not payments are received.

This goes beyond simply asking their attorney to make them correct their errors. I also want a full statement of how interest has been applied, as it appears I should be due a credit for interest added to a fictitious balance higher than the true amount.

I am walking this foreclosure letter into my attorney's office on Monday. Now I know what to ask of her: "A Motion for Contempt."

Your help is greatly appreciated. Thank you so very much.

 

[Ladynred]

I would suggest 2 more things; 1) contact this lawfirm, they may have interest in your case: http://www.edcombs.com/FSL5CS/Custom/TOCSpecial.asp - Ameriquest is on their 'hit list' of bad mortgage companies.

2) If you haven't gotten one already, ask the Trustee for a statement of ALL the payments made to your creditors, or just ask for the Americquest payments. The Trustee's documentation would certainly help greatly to debunk Ameriquests allegations. You do have a right to request this type of statement from the Trustee.