Janet Gutierrez's Legal Cases (3)

Chapter 13 bankruptcy

Chapter 13 Bankruptcy and Spousal Property Petition in Probate Court

Jul 17, 2013

OUTCOME: Stopped foreclosure process.

Client was the surviving spouse of the deceased borrower. Client could not afford the mortgage payment on her own and she tried to apply for payment assistance. However, the lender would not work with ... her because her name was not on the loan. I filed a spousal property petition and the probate court determined the property was hers. Thereafter, she filed for chapter 13 bankruptcy to save the home from foreclosure and she is currently trying to assume the loan, then to modify it.

Chapter 13 bankruptcy

Chapter 13, Lien Strip and Loan Modification

Mar 23, 2012

OUTCOME: Saved property from foreclosure, got rid of second loan, and modified first mortgage.

Client was approved for a loan modification through Bank of America. She notarized the permanent modification and mailed it back to the bank. Thereafter, the bank lost the modification paperwork, or (a ... ccording to them) found the client had not notarized the paperwork properly. They wanted her to start the process all over again. Instead, client hired me. I filed a chapter 13 bankruptcy to get rid of her wholly unsecured second mortgage, and I was able to get the bank to fix things on their end and honor the modification she was approved for. Thereafter, the client was offered an even better loan modification which lowered her payments an additional $300.00/ month.

Chapter 13 bankruptcy

Chapter 13 and Loan Modification

Apr 07, 2011

OUTCOME: Successful. Bank specifically performed their obligations under the permanent loan modification.

My client was approved for a permanent loan modification and then the bank tried to take it away. The bank stopped accepting the mortgage payments and the property went into foreclosure. I filed a cha ... pter 13 bankruptcy petition, and the client continued to make his ongoing mortgage payments according to the loan modification. The only arrears were for the months the bank did not accept the payments. We prepared to object to the claim of the bank in the event they tried to argue once more that the modification had been approved by mistake. They never did. Client is almost done with his chapter 13 bankruptcy and he will be debt-free.

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