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What should I do if my mortgage is behind and my mortgage company wont work to lower my interest or denied modification plan

East Peoria, IL |

obama started a affordable home plan to help people behind on their mortgage.My motgage company wont even send me a denial if I was turned down so now they are wanting all the past due amount and current.I sent all the paperwork in for the modification plan but still no reply from the mortgage company.Should I file chapter 13 bankruptcy or what so Im not booted out of my house

Attorney Answers 3

Posted

Sadly, there are many people in your situation. This simple online forum is not equipped to handle all the complexities of your issues. You would be best swerved to consult with an attorney who handles foreclosure defense and who is also familiar with refinancing and loan modification. Best of luck to you.l

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Posted

I agree with Attorney Goldstein. You might try a search on Avvo, using the "Find A Lawyer" function for your area using the Practice Area of either "Foreclosure" or "Bankruptcy". You would show the lawyer any of your relevant paperwork and the lawyer might also advise you how to take the next best steps forward towards a loan modification, if that's at all possible.

The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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Posted

While it may be difficult, it looks like whistle blowers are emerging from mortgage companies where the employers were instructed in delaying and denying loan modifications. See:

http://www.nbcnews.com/business/suit-bank-america-paid-bonuses-foreclosures-6C10351458

A consumer protection attorney may be able to consider whether you have a claim.

A Chapter 13 bankruptcy is one way of reinstating a defaulted mortgage loan, but the numbers have to work (based on various income and expense calculations). The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for January 2013 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years’ tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.

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