My bankruptcy case was file in January 1. Country Wide submitted a proof of claim stating that I was delinquent approximately 5,000. Since this amount agreed to the amount of the work out plan they proposed early I agreed to that claim. Four years into the bankruptcy my attorney was disbarred and soon after that Country Wide made an attempt to forclose on the property contending that several payments were not received. I was completely baffled because my wages were being ganished and monies were being submitted to the trustee I confirmed this with my employer.
I came to the court appearance only to find that the trustee had cancelled the hearing I was later informed that although I was current on my payments and that this was an attempt of Country Wide to collect additional fees, (violation of RESPA the trustee stated that Country Wide contends that more money was owed to them and that the initial claim was wrong and an additional 3,0000 was owed (interest) and she decided to extend the bancruptcy. There wasn't an adjusted or corrected proof of claim filed. I was not shown any documentation supporting the additional money owed to Country Wide. The trustee stated that most people would have been grateful to her for extending the banruptcy and not dismissing it!!! Although chapter 13 bancruptcies do not extend past 5 years.
After SIX YEARS my bankruptcy is still active. Country Wide has fail to respond to request in writing and violated the RESPA 12USC 2605 (E). I recently noticed that there were several instances that Counrty Wide did not post anything to my escrow account and/or interest payments were deducted. (violation of RESPA). My PMI payments are incorrect also. My escrow account is now in the red and Counrty Wide has not responed to my inquiries however, now that the bancruptcy is near the end I am certain that they will attempt to collect more fees and that this nightmare or bancruptcy at this point they are synomous terms will never come to an end. I would have never thought that a creditor could manipulate the Federal Bankruptcy as they have.
I also brought to the trustee attention that it appears that Country Wide did not post payments according to the contract and she stated that basically it does not matter what Country Wide does she will not discharge the bancruptcy until they are satisified. Needless to say the continued garnishing of my wages beyond the five year bancruptcy period has and still is causing a great financial stress for my home. I am taking care of an elderly sick parent and I do not know how much more I can take without asking for a dismal from the case that is the only way this nonsense is going to end.
Help!!
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