My chapter 13 bankruptcy was discharge in june 2015 , and my servicer raised my mortgage monthly payment in january 2015 but I was not aware about it , even after my bankruptcy was discharge they never contact me or sent a statement. I kept making payment on the same amount In January2016 I called the servicer they said I owe $5,200 and they did not know that my bankruptcy was discharge.
It's tough to answer this without having more information. In the Chapter 13 case, a servicer is now required to file a notice with the court any time it changes your payment. Also, if you were repaying mortgage arrears through your case, then there should have been a motion at the end of your case to confirm that the account was then current.
Do you know what the payment increase was related to, or what is included in the $5,200? January 2015 was 16 months ago, so that means the payment change was likely around $325, which seems to be a significant change.
You may need to review this with your bankruptcy attorney, or another consumer protection attorney who can give you a better answer once more information is available.
I agree with what Mr. Brine said concerning needing more information. I am not a bankruptcy lawyer so, while I am sure what he said regarding notice, motions, etc. is correct, I cannot confirm it. What he didn't say, but merely implied, is that your should consult a bankruptcy lawyer and/or one experienced with foreclosure issues, in person, right now. Mr. Brine might be a good place to start.
The foregoing answer does not establish an attorney client relationship, is not confidential, and should not be relied upon in place of an actual consultation with an attorney. Mr. Boone is licensed to practice in Massachusetts, before the U.S. Tax Court, and the Federal District Court of Massachusetts. Most initial consultations are free. Further information is available on my profile.
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