I have a Mortgage that was sold to Fairbanks and was forced into a Chapter 13. I made my payments to the Trustee as Required. The Trustee was in the Process of moving to another State and I did not get notified of his new Address. I therefore fell behind in the payment. I had retired and my Employer was no longerr sending the payments in. I got a notice of a Hearing in Bankruptcy Court and I contacted my Attorney and got a figure for arrears and another for the entire amount.
I decided to pay the full amount and got a Cashiers Check from my Bank. I sent it to the Address the Attorney gave me in TN. Turned out that it was the wrong Trustee. That Trustee however forwarded it to the proper one. The Trustee never notified the Court that the Debt was paid. Bank gave me all the Info on it. My Attorney said not to worry about it and I did not need to go to Court. My Attorney never notified the Court either. My Case was Dismissed instead of Discharged.
I now have to pay another $155.00 to get a new hearing from the Court. Meanwhile all my Debts to Fairbanks and any Secured Creditors had already been paid out of the payments. The remaining payments were to Several Utilities and wer covered by my Payoff figure.
The Vultures at SPS wasted no time in setting up a Sherrif Sale for next Feb 8. The order that allows this was issued in 1991, for over $20,000.00 when my entire debt was $907.81, paid before the notice was even sent to me. Meanwhile I had gotten back 2 overpayments from SPS this month on my Mortgage. BTW my Mortgage is to run until June. My Next Payment due is not till June that's how far ahead I am. I also sent them the remaining $907.81 that would complete my Mortgage. That check has been cashed and I should be getting Titlke to my House Instead I am getting a notice of Sherrif Sale.
During the Class Action Suit earlier in the year it was determined that they overcharged me by $3895.00. I wound up getting $235.00 from the settlement. I plan on filing a Com[plaint with the US Attorney and State Attorney General, in addition I will be looking into a Class Action as well as a Private Lawsuit. These Peoiple must be put out of Business and into Prison.
Stay tuned for more Info.
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