Q. My husband and I thought we had caught up with our mortgage payments and late charges during a Chapter 13 bankruptcy. But we were informed by the mortgage holder that we will still owe $16,000 in fees. What should we do?
A. We think you need to challenge those fees.
Banks and mortgage servicing companies have repeatedly hit homeowners emerging from bankruptcy with surprise fees -- late fees, inspection fees and other costs -- that were not disclosed to them or the court. They have taken a terrible toll on families just like yours who thought the bankruptcy process had allowed them to make up missed payments, cover any late fees and save their home from foreclosure.
Surprise charges have outraged bankruptcy judges such as Brendan Shannon of Wilmington, Del., who is trying to figure out how to stop such abuses.
The U.S. Justice Department took the unprecedented action of asking federal judges to punish Countrywide Financial Corp. for allegedly repeatedly thwarting consumers making a good faith effort to repay their debts under bankruptcy court supervision.
Court trustees accused the nation's biggest mortgage lender of failing to record payments, filing false documents with the courts and imposing unexplained, and often indefensible, fees.
Countrywide has refused to comment on pending litigation.
We suggest you start by going back to your bankruptcy attorney.
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