Select Portfolio Servicing
Trustee Payments Misapplied During Mother's Bankruptcy

My mother has had a mortage with SPS/Fairbanks/Conti Mortage / whatever other name they have gone by since the mid to late 90's. She filed for chapter 7 bankruptcy and the trustee wanted the house put in there so it was covered under the bankruptcy laws. Well as it appears we're not the only ones they have tried to screw over they stopped accepting payments from the trustee in Jan 04 BUT accepted payment in Nov and Dec of 03.

They sent the trustee the check back and it was $643. Which at the time was 2 payments with a letter that said they were no longer accepting payments on the loan due to them selling the home at a foreclosure sale.

They ended up getting a lawyer to try to get a lift of stay but the trustee put a stop to that and said they couldn't touch the house due to bankruptcy along with he had 3 payments at the time which would have put the payment current.

It all settled down in April and the trustee sent a check for $2213.00 in April, May and June $397 each in which all were applied to someone elses account. I began to boil when I found they were saying she was now $1600. Behind on her mortage. They ended up finding the 2 $397 payments but it was not until Jan that they found the $2213.00 check. Well they applied it to her account BUT they applied it to attourney fees from when they tried to foreclose on the house.

Now she is out of bankruptcy and she is still $1600 behind in paymenst even though her account should be ahead. If anyone could give us ideas on what to do about this it would be greatly appreciated.

Mom has a General Motors lawyer that is free cause they pay so much a month for them but he hasn't done anything about it yet. If someone could give ideas or lawyer names in Western MI Grand Rapids area it be great!

Company: Select Portfolio Servicing
Country: USA
State: Utah
City: Salt Lake City
Address: P.O. Box 65260

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