Concord, MA asked in Bankruptcy, Consumer Law and Employment Law for Massachusetts

Q: Can changes be made to my Loan Modification Agreement if I became unemployed in the process?

A little over a year ago, I requested a loan modification agreement while I was employed full-time. January 2015, I lost my job and filed for unemployment where I collected for 6 months until my benefits ran out. Unfortunately, I still have no job. There was a 3 month trial period, which my sons helped me pay, that was higher than expected. My attorney and the bank ensured that it would be lower with their full offer after the trial period.

I received an offer from the Bank in July to modify my loan but it wasnt any lower than the trial. I had read about the Home Affordable Unemployment Program and when I asked about it, they said it was too late since you can only file for a modification every 12 months. I was pretty much forced to sign the offer they gave me but now my attorney is saying he didnt receive paperwork for our 2nd mortgage and wants $750 to file a motion. The bank says they have sent said missing paperwork. Is my attorney trying to jip me? What should or can I do?

1 Lawyer Answer
Lamya A. Forghany
Lamya A. Forghany
Answered
  • Bankruptcy Lawyer
  • Hartford, CT
  • Licensed in Massachusetts

A: That is a tough one. It is true that you can qualify for a modification once every 12 months, HOWEVER, if there is a change is circumstances, then you could always apply again. I would call the bank and find out what your options are. If you still need help, feel free to call me.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.