Battle On When Bank Back Tracks On Home Loan

Remember the office pool I wrote about following the lender’s statement under FRBP 3002.1 that the loan was fully current? We were betting on how long after the Chapter 13 discharge it would take Wells Fargo would screw up the debtor’s home loan account. Did anyone out there pick less than 30 days? If so, […]

All Dressed Up & Nowhere To Go

It’s the pits to be stood up by a Rule. Rule 3002.1 is, in my opinion, the best thing that’s happened in bankruptcy in years.  I’m a goggle-eyed fan. Whether you chalk mortgage servicing problems up to ineptitude or venality, it is indisputable that a mortgage servicer can’t audit a loan file and come up […]

Mortgage Servicing Under the Microscope

The judge looked closely at the creditor’s accounting records and found the usual fright. Having looked, the court held secured creditor  USDA in contempt of the automatic stay and the confirmation order for its loan servicing blunders. Two years after the debtor’s discharge, after an evidentiary hearing, and a written opinion, the debtor still didn’t […]

Chronicles of Bankruptcy Rule 3002.1

A homeowner should emerge from Chapter 13 knowing exactly what she owes on her mortgage;  thus we have FRBP 3002.1 said Judge Hannah Blumenstiel. At the end of my client’s Chapter 13, the lender’s response to the trustee’s notice of final cure payment failed to do that.  The failure to adequately support its contentions in […]

Hammered By Rule 3002.1

To my mind, Rule 3002.1 is the most powerful, most under-utilized tool in our tool box. And its power is coming to the fore as Chapter 13’s filed in 2011 and 2012 wind to a close. Don’t let your home-owning client leave Chapter 13 without a determination that they are current Or, if they are […]