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Should I have to pay interest on mortgage rearranges .....and also they added attorneys fees for filing an objection?

Jackson, TN |

I filed chapter 13 for a mortgage debt after an attempted foreclosure......after I filed mortgage company has increased rearranges by 2000 dollars also added miscellaneous attorneys fees into the plan? How can I object to this? The reason I had to file is because PNC MORTGAGE REFUSED PAYMENTS FOR a length of time......only proof I have is recorded phone calls reusing payment. Also PNC MORTGAGE HAS LISTED MY LOAN AS AN INSTALLMENT LOAN for at least 10 years maybe more.....I need a lawyer that specializes in TCPA violations as well as knowledge on how to correct a chapter 13. Need to fire my present attorney and find someone who knows hat the hell they are doing !! A mortgage payment that was once 415 dollars has turned into NOW NEARLY 700 a month......fixing to WALK AWAY !!!!!

Attorney Answers 5

  1. You need to schedule an appointment with your attorney and discuss these issues. There may be some things he/she can do for you. Generally, the fees/costs added to your arrears is probably legal. Paying interest on the arrears should only happen if your house is worth more than you owe. You should also contact PNC about a loan modification.

  2. Even if an attorney like myself practices 100% bankruptcy ( and I have helped over 8,000 persons file I last 27 years) does NOT mean we practice every area of the law. I never give tax advice other than basic..and certainly do NOT represent persons for violations of mortgage law. What I do do, is refer my clients (and recently did my brother in fact) in that area of law to an attorney who DOES practice it so that my client receives great advice. So I would not criticize an attorney for not knowing a certain area..but see if they can refer you to someone. That claim should have been listed as a possible claim in bankruptcy Schedule B and C also as a contingent, unknown claim ..speak to your attorney on that. Unfortunately, you can simply ask that a copy of all hours and charges on legal fees be provided to you. However, the time it takes to object, and for them to respond, and you to reply, make cause normal attorney fees to increase even further. So bear that in mind. First obtain the facts, then you can review yourself, then you can sit with an attorney to show him what you think and why and what they think, and then you will have your options they will lay out for you. Good luck.

  3. See the link to NACBA below for help in finding another bankruptcy lawyer near you.

  4. You have the right to object to the mortgage company's proof of claim. You can request the itemization of the miscellaneous fees so that you can see what those fees represent. A standard objection to proof of claim can be filed where you detail the basis for objection and the creditor has a period to respond and the Court sets it for hearing. With respect to the remainder, check your local bar association, AVVO or NACBA (link provided another answer) and talk to some attorneys with your information, paperwork, and story in hand. All of your issues can be real (somebody did you wrong) or they could be the result of other factors which are allowed to occur.

    Good luck

  5. Unfortunately, most of the time there are provisions in mortgage contracts which enable them to add in the costs of collection activity, including foreclosure. While you may be extremely frustrated with them adding in the costs of a foreclosure to your arrears, if the contract allows it you cannot credibly claim they shouldn't. Your attorney can only do so much when the contract is there in black and white.

    Further, banks generally have the right to refuse to accept partial payment of your debt. This keeps you from being able to claim later that they accepted this payment in satisfaction of the amount you were behind. Unless you had a full catch-up payment lined up, they didn't do anything wrong by refusing to accept your payments.

    I would recommend you have your attorney (or another one if he truly isn't doing his job) review their proof of claim. If they have made any mistakes, you can object and force them to reduce it. However, if they haven't, then you have no choice but to pay your arrears through the bankruptcy.

    This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm. If you have found my advice helpful, please mark it as such; if you believe my response is the best that you have received to this question, please mark it best in thread.

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