2nd mortgage foreclosure (error?)

[gatrz1998]

What is the name of your state? FL

I have a 2nd mtg with Chase. I thought I had set up automatic payment withdrawl and after doing so--really didn't monitor my bank act closely to check if w/drawls were being made. Unfortunately, the automatic w/d was not set up and Chase has no record of it being requested. It went 3 months w/ no payment when I noticed. I called Chase and the loan was about to be sent to foreclosure review within the next few days since another payment was comint due--making it 4 pmts late. I was told that they would put a hold on it if I Western Union the money the following day for the 3 missed payments. I did so and called the next day to confirm that I had sent the $ and provided them the W.U. tracking info. The cust. serv associate researched and confirmed with W.U. At this time she also set me up on a payment plan to repay the late charges as well as the 1 payment that was due. A few days later I had received a letter from Chase stating they rejected my payment because it was not for the full amount due ($12K). A couple of days after that I received a letter from W.U. to claim my monies. I called Chase again and they realized the error that it was not pulled from the foreclosure dept. but was assured they were working on it. Apparently not! I made the W.U payment on 1/27 and they filed a Lis Pendens on 2/9. I have received notice from the atty handling but not been served officially. I again called chase and spoke to a supervisor who has been helping me. She contacted the foreclosure dept to tell them the error. A few days later she called me back and told me to go to W.U. to claim the $ which I did. I got a money order and fedexed it to them which they received yesterday. I called today to make sure they posted--which it hasn't yet--but she told me it should in the next 48 hrs. Told her my concern about the pmt being rejected and she said my account was notated all over the place and there will be no problem posting.

My question is: What should I do now? The LP has been recorded--what will happen next?
Also--my mom is on the mtg (not the note) and so the LP shows under her name as well which I'm sure is going to damage her credit. Can anything be done about that?
Can there be some documentation recorded with the courts to show the error?

Also--I would like my payment to be reflected as being received on 1/27 which is the original date sent--what are my chances of that?

Also note--that I did not receive any collection calls from Chase--they have all of my current ph #'s as well as the correct mailing address (no correspondence received either about being past due)---isn't that a bit strange?

Thanks

 

[efflandt]

I find it hard to believe this post. You never noticed $2000-3000 NOT being deducted from your checking account monthly, yet had to have your mom co-sign and are talking about a payment plan for late fees?

Is this really a 2nd "mortgage", or is it a home equity loan or HELOC? Do your loan papers include a sheet for autopay including the routing and account number you intended the payments to be drawn from? Did they send you a book of payment slips or monthly statement?

I was in a similar situation after a refi, but kept close tabs on it (different bank, technically a thrift). Instead of their free checking account, I intended to have them draw payments from another checking account at a bank. When the first payment became due, my lender's website showed the payment credited, yet days later it had not yet been deducted from my checking account. Then about 5 days later, my lender suddenly showed the payment reversed and still due. Oh Oh! The next day I went into the lender (in person) to hand them a check and straighten it out. In my case the payment was only 6 days late (within 16 day grace period). But it was their error, so they credited me with making the payment on the due date, so interest on the late payment would not accumulate over the next 20 years.

Isn't there a Chase branch near you (like the one that gave you the loan) where you could go to straighten this out once and for all?

As far as collection calls, late fees are more profitable (than just the extra interest), so they will milk that all they can. It is up to you to make sure that payments are made on time.

 

[gatrz1998]

I have been battling an illness which is why I set up on autopay so I wouldn't have to worry about it---I knew there would be times when I just would be unable to--chemo does that to you.

This loan is a 10 year old straight 2nd mtg. and the payments are only 200 per month (not 2K-3K which would have been more noticeable) and maybe the error would have been caught sooner.

There are no Chase branches in FL that I know about---not in Northern & Central FL anyways.

I'm looking for some constructive help and suggestions-please, no judgements or beating up!

Thanks so much

 

[LindaP777]

I find it hard to believe this post. You never noticed $2000-3000 NOT being deducted from your checking account monthly, yet had to have your mom co-sign and are talking about a payment plan for late fees?

The $12k the Op is referring to was the total payoff.