when in bankruptcy can mortgage co, not apply payments made to balance of what is owned and put it in a suspense account ?

You should contact your chapter 13 bankruptcy attorney that filed your petition and drafted your repayment plan. The mortgage company must follow all stipulations set by the bankruptcy court and the repayment plan that was accepted by the bankruptcy court. If they have deviated from this and are charging you additional fees than they would be in violation of the US bankruptcy code. Your best bet would be to contact your bankruptcy attorney and have them handle it. If you did not have a bankruptcy attorney Sarah may have been a problem or mistake with what you filed and what is happening to you may actually be right and unjustifiable see placed on you by the bank. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook Manta