As a mortgage foreclosure defense attorney, it really burns me up that homeowners are once again getting the short end of the stick. There is a double standard going on in this real estate meltdown. Lenders are telling homeowners that they have a “moral obligation” to pay their mortgages, and the failure to do so [...]
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If you are lucky enough to get your mortgage company to offer a meaningful modification of your mortgage while you are in a Chapter 13, you probably can get the Trustee and the Court to agree to allow it. There are a number of issues, however, that need to be addressed. Before modifying your mortgage [...]
Mortgage companies often fail to discharge a mortgage, even in the face of a Court order directing them to do so. When you file a Chapter 13 bankruptcy, you often can get rid of your second mortgage if the balance of the first mortgage is greater than your home’s value. If this is the case, [...]
In parts 1, 2 and 3 we discussed how mortgage companies often engage in “double dipping”, how they often fail to send you monthly statements, and they ways in which they misapply monthly mortgage payments during your Chapter 13 case. Part 4 discusses how a mortgage company can force a homeowner to add escrow to [...]
In Part 1, we discussed how mortgage companies often engage in “double dipping” when you are in a Chapter 13. Part 2 dealt with how mortgage companies commonly fail to send you a monthly statement while you are in a Chapter 13 bankruptcy. Part 3 addresses the ways in which mortgage companies often misapply monthly [...]
In Part 1 we discussed how mortgage companies often engage in “double dipping” when you are in a Chapter 13. Part 2 deals with how mortgage companies commonly fail to send you a monthly statement while you are in a chapter 13 bankruptcy. In many parts of the country, when you file a Chapter 13, you continue to make [...]
