I am nearing the end of my 60 month Chapter 13 Bankruptcy in Florida state and I am losing sleep over what is happening over this past year....

Question

I am nearing the end of my 60 month Chapter 13 Bankruptcy in Florida state and I am losing sleep over what is happening over this past year.

My first question, before I start with the craziness of this year, is this:

My monthly mortgage payment decreased $70 month(variable APR ) 3 months into 60 month confirmed plan. I did not modify plan to correct this - i continued to pay the confirmed plan amount the remaining 57 months - which is $3990 in excess of my monthly amount due for the regular mortgage. My question is where did the money go? I do not know where the money was applied to, or if left dangling in the "suspense" account. I requested detailed registers of the loan activity and they are in a non-readable format. I sorted through and tried to make heads or tails of it(I have re-formatted versions of these 5 year account ledgers and scanned them -I have accounting experience and education, but they are pretty specific to mortgage loan servicing so I am not really getting a grasp of what they did). I talked tothe mortgage company, the trustee, and my attorney and no one could tell me.

Currently..

In January of this year(2012)my mortgage company claimed my plan is not feasible due to hazard and flood insurance they had paid on my condo and also a year and a half property taxes. I objected to their new claim and send proof otherwise of these new claims and the case was continued until the following month. Every month since January the objection to the claim was continued January to Feb, continued again Feb to Mar, Mar to April, April to May, May to June, June to July, July to Aug, Aug to Sept. I attended 3 of the continuances and they called my case, heard one quick statement from my lawyer to the judge, and they were done.

They finally refunded the insurance premiums to my acct. Now my acct still shows delinquent in payment since April, I am sending my 59 th payment now, and and my last payment is next month for November.

I called my attorney several times and he assures me things are going well. I have no idea what is going on, what to expect, or what I can do. He mentioned something in passing about

I have made all payments due into the plan on time and now it seems things are not ending up how they were supposed to on their side under the confirmed plan. I do not know what I can do or need to do to make sure all ends well after the past 5 years of hell being broke week to week. I know that something needs to be done after waiting on all of these hearings and things are down to the very end. Please help! Any advice would be greatly appreciated.

Answer

You already have an attorney. If you have paid an overage, I suggest that the amount should be credited to principal.