Our original mortgage in 1998 was with Washington Mutual (WAMU). Due to unforseen curcimstances, we were forced to file Chapter 13 in August. Our mortgage payments were paid each month from the trustee as required.in December Wells Fargo Home Mortgage purchased our loan from WAMU. We were not notified of that change, nor was the trustee and our attorney until MONTHS later when I received a letter at home from Wells Fargo and a statement indicating they had purchased the loan. The statement stated current payment due along with 2 months being past due. There was a note on the statement stating that if in bankruptcy, this was for informaitonal purposes only should we decide to bring our loan current and pay outside the plan. (WHAT? That comment itself is illegal!) I contacted my CH13 attorney and gave them the statement from Wells Fargo. They contacted Wells Fargo and thought we had it straightened out. Fastforward to November. I lost my job of 14 years when my division was closed. Therefore, we took a 2 month suspension of our CH 13 to allow me time to find a new job, and we did not have to pay into the plan (duh, no income from me.) Notices were sent to all creditors and no one objected to the temporary suspension. The last payment to Wells Fargo from the trustee was 10/31/07. When I went back to work in December, it was agreed and ordered for the payroll deduction to come out of my husband's check instead of mine. Our case resumed in mid-January as did the weekly deductions from my husband's employer. The resumed payment to Wells Fargo was sent by the trustee on 2/29/08. However, on March 4th... Our trustee went before the judge and had our case closed for non-compliance in payments because my husband's employer was sending monthly instead of weekly, even though the deduction from his check was weekly. Notices went out to all creditors. As soon as we received notification, I called & our lawyer immediately placed a motion that was granted on 3/10/08 to have the dismissal set aside and notices went out to all creditors stating they had until April 1st to object to reopening & if no one objects, our case will resume as normal on April 20th. As you can imagine, I received a letter from Wells Fargo wanting to know if our property was occupied or unoccupied. I received the letter on 3/20/08 from them and immediately called to explain what had happened. They said okay, they would check court documents. I provided them with my attorney's phone # for further inquiries. Needless to say, I have been called & harrassed by them daily since I initiated the call regarding the letter I received. I was told that they had not received a letter indicating our motion to set aside the dismissal and that our loan was 6 months in arrears and was in foreclosure and asked if we planned on staying in the house. I said yes, but wanted information on where they arrived at the 6 months arrearage and they said they would not discuss with me further that my lawyer needed to call the foreclosing attorneys, but refused to give me that information. I advised them not to call me anymore, to call my lawyer. They ignorged that request. They also have ignored information requests from my lawyer still claiming no receipt of the revised motion. My lawyer did fax them another copy of the order on Friday 3/21/08-yet they still called me on Saturday 3/22 and on Sunday (EASTER) 3/23/08!!! I checked the CH13 data center today and the payment they received on 2/29/08, they sent it back to the trustee 3/19/08. I don't know where they are getting 6 months from-but they are non-stop harrassors and refuse to cooperate with our PROOF and ACCURATE DOCUMENTATION of the FACTS! How can they get away with this??? Any help that can be offered is greatly appreciated!!!
Deanna
Pleasantview, Tennessee
U.S.A.
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