jennp102371
New Member
In Dec 2004, my husband and I filed Ch. 13 with our mortgage arrears at $18,000+ (this is the amount we put in our original filing). Our mortgage company filed their Proof of Claim with the arrears at $463.00. For 11 months, we made the Ch. 13 payments based on the 18K we filed and our mortgage company had 3 separate chances to fix the error. At confirmation, we modified the plan from the 18K we filed to the $463 the mortgage company filed in their POC and have been making the lowered payments ever since. We got behind again on our mortgage and filed an agreed order. The mortgage company put the same pre-petition arrears amount of $463 on the agreed order. Now, it is coming close to my Ch. 13 being discharged and I am worried that my mortgage company will try to collect on the pre-petition arrears that they failed to put in their POC. I am under the impression that since they filed that amount in federal court, that is all I owe them and they cannot attempt to collect the "unclaimed" amount after my bankruptcy is discharged. Am I correct? Also, when I filed my bankruptcy, I threw in 2 years worth of property taxes and my mortgage company paid those in January 2006 without my permission. Am I liable to the mortgage company for that as well, since those payments were being made through my bankruptcy? The taxing authorities returned the money to the trustee after the mortgage company made the payments.
