My husband and I purchased our home in 1998 through First of America Bank, at that time they were in the process of changing to National City Bank. We were with them for about 4 years and had no problems what so ever.
In the year 2000 we went through a bit of financial problems and had to file Chapter 13 bankruptcy. Our mortgage was to be paid through the plan.in September our mortgage was sold to Aurora Loan Services and we have had problems ever since. They would send us monthly statements and show that we were always 2 months behind. I would have my husband call and talk to them and they would always say that we were current to just "ignore" what the statement says. They were also charges us late fees. From my understanding of the Brankruptcy law, they are not allowed to charge us late fees. I contacted the Trustee that we were assigned and they said they will take care of it.
Here it is 4 months after being discharged from Chapter 13, which we paid in full, never missed a payment, and Aurora Loan Services is trying to take our house!!! We have been paying on our mortgage since May and have made every payment on time. The attorney they have hired is saying that we have not made our July and August payments. Which is not true because I have the copies of the cashed checks. They have apparently received them and cashed them, so I don't understand what is going on.
My husband had called them on August 31, the day we received the papers, and they said that they never received payments for the months of September and January. During that time we were in Bankruptcy and it was being paid through the trustee. So my questions are how can they give 2 different months on when they didn't receive payments and how can they come after us when we have been paying? I have the proof to show that we paid our bankruptcy plan and I have the proof that I have been making the regular payments on our mortgage since May of this year.
We have contaced our bankruptcy attorney and they said they will handle it.
I hope that someone out there is reading this and can give me some other advice on what to do. I do not want to lose my house.
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