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, you win.  And we hope Wells Fargo loses, big time.

Mortgage back story

To review, we have the lender’s filed Response to the trustee’s notice of final cure. Everything’s current, says the bank’s lawyer under penalty of perjury.

On the debtor’s side, we have admitted gaps in post petition payment.  We don’t think for a moment the borrower is really current.

A further review of the post petition payment history shows a dizzying pattern of crediting payments, reversing them, then repeating the entire drill.

For several years, the debtor got no 1098 tax statements, allowing her to deduct the mortgage interest she paid.

My legal opinion is that this is all screwed up.

Light dawns on Wells Fargo

But last month, Wells said things were copacetic.

Now, they say, you’re $50,000 in arrears.

In the mean time, however, the court has issued the debtor a discharge.

So, we may have a discharge violation; perjury on the part of the lawyer signing the Response; or a violation of Rule 3002.1.

So I’m no longer feeling like I’ve been stood up on a date.

This isn’t a date, it’s a battle.

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