Oct 10, 2012
Editor’s Note: Here is a memo I received on a case with which I am assisting. It clearly shows three different stakeholders showing three different amount in arrears. Lawyers who take note of these things often get the Motion to Lift Stay denied, the motion to dismiss denied and the motion for summary judgment denied. That puts the case into discovery and as soon as the Judge as had enough of stonewalling from the “bank” (who is there in name only), they order compliance with discovery request (see our forms file or order our entire forms library) PRESTO! the case settles for pennies on the dollar.
SEE: FORMS LIBRARY (in addition to free forms on BLOG)
“I have a Proof of Claim in my Chp. 13 from 2009, a Motion for Relief from Stay in my Chp. 7 from 2009 and a Proof of Claim in my Chp. 11 from 5/15/2012. In two of these cases the monthly payments from July 2008 to March 2009 are ALL different (the 3rd didn’t do a breakdown). How was the Principal calculated?? huh? Anyone? Bueller? Bueller?
Or how about this one:
Chp. 13 Information – 4/28/2009
Creditor: America’s Servicing Company, as servicing agents for US Bank NA as Trustee by Residential Funding Company, LLC fka Residential Funding Corporation Attorney in Fact
Escrow Advances: none
Late Charges: $1,818.12
Attorney Expense, Attorneys Fees, Misc Fc Bk & REO fees, Coll Property Insp, Property Pres.: $1,718.57
Total arrears: $48,828.83
Chp. 7 Information – 9/16/2009
Movant: US Bank NA as Trustee by Residential Funding Company, LLC fka Residential Funding Corporation Attorney in Fact
Escrow Advances: $6,890.72
Late Charges: $2,002.98
Recoverable fees: $2,113.57
Total arrears: $75,065.50
Chp. 11 Information – 9/26/2012
Creditor: US Bank, NA as Trustee for RASC Series 2005-EMX4
Escrow Advances: $3,550.65
Late charges: $7,662.96
Property Inspection fee: $75.00
Total arrears: $201,349.92
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