I have a Dallas woman who was recently discharged from a Chapter 13 bankruptcy. There was approx. $10,000 in mortgage arrearage paid through the plan. Immediately upon discharge, mortgage co tells her she is $14,000 in arrears. We have just received the payment history on the account. From the beginning of her plan, she has made her payments, but the mortgage company did not apply them to the correct month. It appears that they did not adjust her interest and late fees at the end of the plan. It’s my experience that counterclaims are rarely addressed in the same
manner as original claims. Perhaps this is because the collection
firm screws it up and it is not reported to the carrier if there is
one. Whatever the reason, an original lawsuit served upon the
collector’s resident agent seems to get proper attention where a
counterclaim results in stalemate with the attorney.
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