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No statement paying interest only

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Newmanmv

Member
Arkansas: hello several yrs back my husband and I took mortgage out on our home. It’s approximately 5 acres m/ l. There were some personal issues that caused us to default on loan in 2014. At which time neither of us could keep up the monthly payments. So when we got served with foreclosure notice and after attempting to find a different resolution other than bankruptcy. We spoke to and retained an attorney from Jonesboro to file bankruptcy for us. The type bankruptcy that we took I believe was a chapter 7. We had been making payments for almost 2 yrs when 2016 we found out my husband had developed cancer. Now I was in process of awaiting disability decision he pulled 877 a month in ssi. We notified our bankruptcy attorney who got us an extension for a few months. In dec 2017 the attorney told us the best thing to do would be to file a request to close the bankruptcy since we were still dealing with complications from my husband cancer. So we agreed and to that end my husband contacted the bank that had put mortgage in default. He spoke to a lady in collections department to find out if we could make some sort of payments on loan each month. They finally agreed over phone to 100 a month. Fast forward to end of 2017 without my knowledge my husband had missed about 3 payments during that time. He started getting nasty threatening calls from same woman threatening to foreclose on property. My husband even called the bank attorney who had sent us a notice of needing to contact him. After speaking to attorney the attorney told him to just continue payments. Then Christmas came and I had spokento my step son who hinted that he heard we had defaulted on mortgage and that the bank was fixing to sell the home. We also found out my sister in law had also found out about the foreclosure though neither would say exactly where they obtained information we suspect that someone at bank leaked information. Fast forward to a couple weeks ago. We found out husband cancer has returned and he’s terminal. He’s wanting to sell the property to my brother in law so he contacted the collections lady at bank requesting total amount due on property. He started out with attorneys fees and balance of 1807 left on land making amount due at that time 3090. She quoted him 3389 due in total. She stayed that interest was 83 cents a day and when he missed a payment it caused the interest to double. When he requested a statement that detailed the payments received and a basic itemized or amortization schedule. She told him that she didn’t have any thing like that to provide. So my questions are this only one judgement was put in place and that was 2014 same month we filed bankruptcy the bank had sent to court and had approved a judgement to sell. Which the bankruptcy knocked that outta play. However does the bank not have to supply you with a statement of where money he pays to them directly and isn’t there a law against bank employees passing on information to anyone not on acct? And when they double up on 83 cent daily interest because of a missed payment isnt that pushing what any place can charge interest on, I’m just needing some direction on what is or isn’t legal here. It just feels really wrong with fact that he has been making 100 payments since Jan 2017 and no one can provide a statement
 


BuyLowSellHigh

Active Member
I wouldn't place that much faith in the accuracy of what one person told you about the interest. Have you tried going to the bank and getting a statement? There is not enough information here to conclude the bank is doing anything questionable with interest.

Generally during the foreclosure process there will be attorneys fees, court filing fees, service fees, etc that will be added to your mortgage balance. These are expenses that the bank occurred because you didn't pay your mortgage as agreed. You are now obligated to pay them.

Also, if a foreclosure is filed with the court that is public information that anyone can access. Your relatives may have access to this information because it is public.
 

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