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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Re: In Chapter 13, 11 Months Late on Mortgage, Bank Filed Motion for Relief of Stay

    the mortgage company is not accepting payments from us anymore. My lawyer says he will speak to their lawyers. Our plan is being amended to include all arrears and we have not been confirmed yet. My lawyer appeared at the confirmation hearing on Tuesday unprepared and told the judge he was amending our plan and the judge reluctantly gave him another three weeks. But he had time to amend the plan before that meeting. I am truly concerned that this lawyer will not be able to advocate on our behalf. What can we do? We paid him $3,600 upfront and he charges us $77 for every paperwork that comes in but he doesn't seem to be very competent. On our first meeting with the trustee, he never even made it. he said he thought the meetignwas being held in another courthouse. What can we do at this point to protect our interests and go through with Chapter 13?

  2. #2
    Join Date
    Sep 2010
    Posts
    478

    Default Re: In Chapter 13, 11 Months Late on Mortgage, Bank Filed Motion for Relief of Stay

    I cannot comment on the quality of the representation because I do not know the specifics of the case however, I can tell you that it is basic knowledge that, if a client is behind on mortgage payments when he is about to file a Chapter 13 bk and wants to keep the home, the Chapter 13 Plan must provide for the curing of the arrears (missed house payments) and the debtor must resume payments after filing. Some jurisdictions actually that the post petition mortgage payments be paid to the Trustee (instead of the lender) along with the Plan payment. I do not know what your jurisdiction requires, but, no matter what, post petition payments must be made - at least when we are dealing with a 1st mortgage.

    If you initially went to the attorney with the intention of keeping the home and told the attorney that you were delinquent in payments then the attorney should have known how to handle it. If he didn't I too would be very concerned.

    Now, if your attorney has done everything right and the lender is wrongfully refusing post petition payments you should still have the $$ in the bank and the funds wrongfully refused should be tendered with a very stern warning from your attorney. Even if the attorney failed to properly prepare the Plan, you should still have enough $$ in the bank to bring your post petition payments current.

    Des.

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