I filed bankruptcy last year, but did not include my mortgage, however my mortgage company is saying I owe them over 1600 dollars in attorney fees and claim they have a right to charge me even though I am still and always have been paying my mortgage on time. Can they do this, I can’t possibly see how?

 

  • itsjustme 1:01 pm on July 31, 2010 Permalink

    You need to consult an attorney about this. Your first mistake was to exclude your mortgage from your bankruptcy. It should have been included and then reaffirmed.

  • glenn 1:01 pm on July 31, 2010 Permalink

    They may be able to do this under the contract you signed with them. Call them and ask when this appears in the paperwork. If you can understand this then I would pay a lawyer to help you understand. The lawyer would either show you where it says you are obligated or they would write a "lawyer letter" to show the mortgage company that they need to back off because you have a lawyer and they can not "bamboozle" you.

  • Webhoo 1:01 pm on July 31, 2010 Permalink

    What are they saying the fees are for in regards to legal fees? Get a more specific answer. If you have never been late then they can’t. However if whoever did your bankruptcy and screwed up initially and sent them notice they were to be included then you might. Get more specifics (in writing never phone) like a detailed accounting of the charges and you will have a clearer picture.

    Always paying and NEVER late? No they can’t charge you legal fees without cause. ***I am not a lawyer so maybe this is best for one but my 30 years real estate investing and lending I have never heard of that ***

  • Ed Atun 1:01 pm on July 31, 2010 Permalink

    Countrywide got into a lot of trouble doing this. They would add $12,000 in attorney’s fees on the first day of foreclosure. The attorneys had only done 5 minutes worth of work. They got fined for this.
    They can not charge you the $1,600. Contact the Trustee of the Bankruptcy Court and ask her to write a letter on your behalf..