Questions answered by Margery Ellen Golant

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I FILED A ch. 13 and included mortgage arrearage payments, loan was sold, and now i am behind with the current mortgage and 13.

Margery's answer | Answered on August 17, 2009

Discuss with your attorney the possibility of amending your plan to handle the arrears, otherwise once you are dismissed, you will be at the mercy...

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Under which schedule should I list my home for ch13 bk? I am in foreclosure and owe $20000 more than current market value.

Margery's answer | Answered on August 17, 2009

I agree completely with the prior answer. There is no way you will successfully navigate a Chapter 13 proceeding on your own. In fact, even many...

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I hired a company for them to work with my bank to try to get a loan modification after being served with a foreclosure notice.

Margery's answer | Answered on August 17, 2009

You need an attorney who is knowledgable in foreclosure defense. Many of the companies who take people's money to try to get them loan mods are...

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Im a tenant and received a final judgment of foreclosure...now what?

Margery's answer | Answered on August 17, 2009

Actually, I disagree with the prior answer. Until the foreclosure sale is held, the current owner, your landlord, could commence eviction if you...

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In a foreclosure Is the bank allowed to pursue your other assets like 401 k money in your saving can they put a lien on them

Margery's answer | Answered on August 17, 2009

Normally, retirement accounts are exempt from the claims of creditors. However, money in a savings account is not. Please note that I do not...

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Hi: Is it possible to have a second mortage disolved to prevent a foreclosure on a first mortage and the owner keeps te equity?

Margery's answer | Answered on August 17, 2009

The only way that may be possible is in a Chapter 13 proceeding. If the value of the property is less than the total amount due on the first...

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After buying home at foreclosure auction, who is responsible for insurance until title is received?

Margery's answer | Answered on August 17, 2009

It takes 10 days minimum for the sale to be confirmed and the certificate of title issues. That is the point at which you become the legal owner...

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Can creditors attach IRA accounts to collect a debt?

Margery's answer | Answered on August 17, 2009

No. Retirement accounts are exempt from levy and exempt in a bankruptcy. However, that does not mean that they will not try, and unless you have...

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Can a creditor who purchases debt charge interest when the original creditor had charged off the loan as non-performing?

Margery's answer | Answered on August 17, 2009

Yes. A charge off does not eliminate the contract. The contractual interest rate continues to be legally enforceable as does the debt. Please...

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Can a couple filing bankruptcy include another person's bills in their claim if they change name & address to their own?

Margery's answer | Answered on August 17, 2009

No. Whoever undertook the debt is legally responsible for it. Please note that I do not practice in your state and that the above is not...

Margery Ellen Golant's Answers (5399)

I FILED A ch. 13 and included mortgage arrearage payments, loan was sold, and now i am behind with the current mortgage and 13.

Under which schedule should I list my home for ch13 bk? I am in foreclosure and owe $20000 more than current market value.

I hired a company for them to work with my bank to try to get a loan modification after being served with a foreclosure notice.

Im a tenant and received a final judgment of foreclosure...now what?

In a foreclosure Is the bank allowed to pursue your other assets like 401 k money in your saving can they put a lien on them

Hi: Is it possible to have a second mortage disolved to prevent a foreclosure on a first mortage and the owner keeps te equity?

After buying home at foreclosure auction, who is responsible for insurance until title is received?

Can creditors attach IRA accounts to collect a debt?

Can a creditor who purchases debt charge interest when the original creditor had charged off the loan as non-performing?

Can a couple filing bankruptcy include another person's bills in their claim if they change name & address to their own?