Notice of Error Regarding Misinformation Given During Phone Call to Mortgage Servicer

There is no special language/verbiage.

Keep is simple.

Stick to one issue per NOE.

Pertinent loan/debtor information – “name, rank, and serial number”

Called bank twice. Tried to get borrower reviewed for FHA Recovery Mod.

Both times I was essentially told that the loan was “too many months delinquent” to be reviewed for FHA Recovery Mod.

I was also told that a modification application was required.

Subject loan is almost 100 months in default.

Request section of guidelines that state how max months delinquent a borrower can be. Of course, guidelines do not have a “cap”.

May also ask for section of guidelines that state an application was required. Again, guidelines do not require application.

May also send a letter/application to loss mitigation department giving them all info necessary to be reviewed for FHA Recovery Mod.

Consumer Bankruptcy Education
Consumer Bankruptcy Education

The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.

Related Articles

bledsoe150
August 27, 2023
The Eighth Circuit recently released its Topp opinion. At issue was the appropriate starting point for determining the discount rate to be used when paying secured claims under a chapter 12 plan. The debtor, who had gained confirmation of his plan before the bankruptcy court, proposed paying claims to Farm Credit Services over 20 years at a rate based on the...
Members
Copy of Hildebrand-2016
January 22, 2023
On a trustee’s motion to modify a confirmed Chapter 13 plan, Court required debtor to commit funds to unsecured creditors based upon the previously undisclosed equity generated from post-petition sale of property. (Warren) In re Croniser, 2022 WL 3639413 (Bankr. E.D. N.C. August 23, 2022) Case Summary Duane Croniser filed a voluntary petition under Chapter 13 in January of 2020....
Members
March 31, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee When the wages of an insolvent spouse are deposited into the couple’s entireties account, both spouses are fraudulent transferees; wage deposits spent on non-necessary expenditures are recoverable from the joint account by determining the proportion to the overall share of wages in the account as...
Members
moran_cathy
August 27, 2023
The bankruptcy means test, designed to keep people out of bankruptcy, has a fatal weakness. . . . it’s health care.
Members
November 15, 2020
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The Judicial Conference proposed, and Congress has not changed, the amendments to the following Federal Rules of Bankruptcy Procedure: Rules 2002, 2004, 8012, 8013, 8015 and 8021. Absent Congressional action, which is not expected, they will be effective at the...
Members
January 24, 2021
By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA) The recent Supreme Court decision in City of Chicago v. Fulton1 will change the law in most Circuits. Prior to this case, there was a split among the circuits as to whether the post-petition retention of property taken pre-petition constitutes a violation of the automatic stay under §362(a)(3) of...
Members
bobdrummond
October 26, 2025
“Debtors seek to preserve their homestead, and sometimes additional property that is not their home.”
Members
PamelaSimmonsBeasley
September 29, 2024
When you hear the words “gone too soon,” it is usually related to death. Fortunately, that is not the case here. Pamela Simmons Beasley, Chapter 13 Trustee for the District of South Carolina in Columbia, made an indelible impression on me and the NACTT. We will miss you, Pam!
moran_cathy
February 13, 2022
When there’s a joint bank account and a bankruptcy filing, good intentions can quickly go sour. The bankruptcy trustee sees a pile of money in the bank to which the debtor has access, even though the account also bears the name of someone not in bankruptcy. If the debtor can get the money, the trustee contends, so can a bankruptcy...
Members
Copy of Hildebrand-2016
August 27, 2023
A creditor having received relief from the automatic stay prior to confirmation of the debtor’s plan is nonetheless bound by the terms of the plan, once confirmed.
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: