In April I filed Chapter 13 to save my house from foreclosure. My back payments were to be paid through the bankruptcy court, and I was to make my monthly payments. This was done as agreed.
In October of this year, I received a letter saying they were filing a petition to dismiss because I had not made payments from January through October. I had copies of my payments, which had been sent to them electronically or by money order. I took all of this information to my attorney, who faxed it to Marilyn Moore, who was representing Midland Mortgage. She told the attorney that the company had no record of the payments. She was asked to provide us with a payment history from January. My attorney asked me to find all of my payments from when I filed in April until the present, and I gathered all of this information.
On November 20 we were to go to court. I went, but I was the only one there. Neither Ms. Moore nor my attorney was there. A few days later I received a letter stating that it had been rescheduled for December 20 at 9:30.
I arrived at 9:40. The clerk did not call my name. I went up and asked her why she had not called me. She said she had called my case and that Ms. Moore had already come and gone. She had recorded that there was no opposition and told me to get in touch with my attorney.
I have tried all day to reach my attorney, who has not returned my calls. I will be going to her office first thing tomorrow morning. I also mailed my November and December payments to my attorney, who was to forward them to Midland's attorney. My payments are totally current. I have no idea what to do next.
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