Consumer complaint received 2017-10-23
Company: JPMORGAN CHASE & CO.
State: FL
Product: Mortgage
Sub-product: FHA mortgage
Issue: Trouble during payment process

Complaint:
On XX/XX/XXXX, we attempted to pay our XXXX monthly mortgage payment over the phone with Chase. However, the phone representative said that we are 7 months behind on payments. They will only accept a minimum payment for at least 5 months worth and not just one. We were then connected to XXXX XXXX who is an escalation manager. 

Without reaching an acceptable resolution, XXXX XXXX specifically told us that we have to pay 7 months of mortgages and that we are no longer under protection of the Bankruptcy Law. This mortgage company had exerted its heavy hands on us from the very beginning banking that we would default and lose our house to them. It harassed us 2 times in the life of our relationship with them - 1. Chase gave us a Form 1099-MISC in XXXX in the amount of {$710.00} from Chase which we have never received from them. 
2. Exacting 7 months of mortgage payment when it was fully paid already. 

We completely disagree with Chase. As of XX/XX/XXXX, we have received our Chapter XXXX Bankruptcy discharge after completion of Chapter XXXX Plan. On our Chapter XXXX standing Trustees ( XXXX XXXX XXXX ) Final Report and Account dated XX/XX/XXXX ( see attached ), JP Morgan Chase NA was fully paid on 2 secured claim amounts namely 1. Chase MORTGAGE ONGOING - {$100000.00} 2.  Chase MORTGAGE ARREARAGE - {$10000.00} Please see attached ORDER GRANTING DEBTORS MOTION TO MODIFY CONFIRMED PLAN by United States Bankruptcy XXXX XXXX XXXX XXXX dated XX/XX/XXXX. The Order specifically states that The court finds : 1. The Debtors Motion to Modify Confirmed Plan was served on all interested parties with the Local Rule 2002-4 negative notice legend informing the parties of their opportunity to object within twenty-one ( 21 ) days of the dated service ; 2. NO PARTY FILED AN OBJECTION WITHIN THE TIME PERMITTED ; 3. THE COURT THEREFORE CONSIDERS THE MATTER UNOPPOSED ; and 4. The provisions of Section 1329 of the United States Bankruptcy Code have been met. 

Also attached please find the above-referenced MODIFIED CONFIRMED CHAPTER XXXX PLAN dated XX/XX/XXXX which states that 1. SECURED CLAIMS Chase Home Mortgage has the first mortgage on the Debtors principal residence. The trustee shall make the regular monthly payments of {$2000.00} for months 12 through 60, subject to periodic changes in accordance with variations in the prevailing discount rate and/or potential escrow advances paid by this secured creditor. THE TOTAL POST-PETITION ARREARAGE OWED ON THE MORTGAGE PAYMENTS IS {$10000.00}, WHICH INCLUIDES LATE CHARGES. THE TRUSTEE SHALL PAY THIS CREDITOR {$210.00} PER MONTH FOR MONTHS 12 THROUGH 60 TOWARD THE ARREARAGE TO BRING THE MORTGAGE PAYMENTS CURRENT OVER THE LIFE OF THE PLAN. 

Our Trustee was the one paying Chase directly until XX/XX/XXXX. We immediately resumed our mortgage payments from XX/XX/XXXX to XX/XX/XXXX. Therefore, our position is, WE DO NOT OWE ANY ARREARS WITH CHASE. WE ARE CURRENT WITH OUR MORTGAGE PAYMENTS. 

2. GENERAL PROVISIONS Once the Debtor successfully completes the Chapter XXXX plan and a discharge is entered by the Court, NO CREDITOR WILL BE ALLOWED TO ADD LATE CHARGES, PENALTIES, INTEREST OR ATTORNEYS FEES FROM THE BEGINNING OF TIME THROUGH THE DATE OF DISCHARGE. 

On XX/XX/XXXX, we received in the mail our XXXX Chase mortgage statement. It says that our mortgage loan is in default since XX/XX/XXXX and that we are 195 days past due. It is requiring us to pay {$18000.00} by XX/XX/XXXX. Also, the statement shows that Chase added 3 questionable fees, i.e., {$990.00}, {$990.00} and {$110.00}. Based on the General Provisions mentioned above, NO CREDITOR WILL BE ALLOWED TO ADD LATE CHARGES, PENALTIES, INTEREST OR ATTORNEYS FEES FROM THE BEGINNING OF TIME THROUGH THE DATE OF DISCHARGE. 

Chase is clearly in Violation of Bankruptcy Code U.S. 11 Section 524 ( i ) which states that THE WILLFUL FAILURE OF A CREDITOR TO CREDIT PAYMENTS RECEIVED UNDER A PLAN CONFIRMED UNDER THIS TITLE, UNLESS THE ORDER CONFIRMING THE PLAN IS REVOKED, THE PLAN IS IN DEFAULT, OR THE CREDITOR HAS NOT RECEIVED PAYMENTS REQUIRED TO BE MADE UNDER THE PLAN IN THE MANNER REQUIRED BY THE PLAN ( INCLUDING CREDITING THE AMOUNTS REQUIRED UNDER THE PLAN SHALL CONSTITUTE A VIOLATION OF AN INJUNCTION UNDER SUBSECTION ( a ) ( 2 ) IF THE ACT OF THE CREDITOR TO COLLECT AND FAILURE TO CREDIT PAYMENTS IN THE MANNER REQUIRED BY THE PLAN CAUSED MATERIAL INJURY TO THE DEBTOR. 

What Chase is doing to us is pure harassment and bad faith conduct. We are frustrated and angry because this destroys the very essence of our struggle to successfully complete our Chapter XXXX plan payments ; and impedes our right to a fresh financial start. It is materially damaging to us since it is being reported to credit reporting bureaus that we are delinquent in payments. 

Attached for your perusal are the following documents 1. Chapter XXXX Discharge of Debtor After Completion of Chapter XXXX Plan ( XX/XX/XXXX ) Unable to attach. Can be faxed if needed. 
2. Chapter XXXX Standing Trustees Final Report and Account ( XX/XX/XXXX ) Unable to attach. Can be faxed if needed 3. Order Granting Debtors Motion to Modify Confirmed Plan ( XX/XX/XXXX ) 4. Modified Confirmed Chapter XXXX Plan ( XX/XX/XXXX ) Unable to attach. Can be faxed if needed. 
5. Tax Year XX/XX/XXXX Form 1099-MISC from Chase 6. XX/XX/XXXX Chase Mortgage Loan Statement Unable to attach. Can be faxed if needed.

Company response to consumer: Closed with explanation