Villas, NJ asked in Bankruptcy and Foreclosure for New Jersey

Q: I filed for Chapter 13 bankruptcy and some how my Lenders Lawyers found a way around it.

I filed for Chapter 13, but some how my Lender's lawyers found a way around it, now they are giving me 6 months to sell my home or they said, they will sell it at Sheriff's sale. I tried everything from talking to the investors to trying to get a loan modification and even tried to get them to work with the Home Keepers program and they refused to budge. They told me to pay up what I owe or sell my home. My wife passed away and her income paid half of the mortgage, but they didn't want to here it ! My lawyer tried everything to work with them and they refused. So I had the servicer, the investor's and their lawyers all coming at me at the same time. So now they told me they will give me six months to sell my home. I live in a resort area in New Jersey and there aren't a lot of people looking for a 6 bedroom house. So I called a realtor and he came over and looked at the house and gave me a price that was way below what I expected. So what happens If I can't sell the house in 6 months ?

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3 Lawyer Answers

A: This is really a question you should be asking the lawyer handling your bankruptcy. They should have an answer.

Leonard R. Boyer
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Answered
  • Bankruptcy Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: If you had retained the right type of attorney, which (I cannot tell if you did or did not retain counsel) than you would not have this problem. There is a very high percentage of foreclosures in your town in proportion to the total number of properties. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You need to retain the best mortgage foreclosure defense and bankruptcy attorney you can afford. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. However, if you have an attorney, your questions should be directed to that attorney.

Derek John Soltis and Stuart Nachbar agree with this answer

Stuart Nachbar
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Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ
  • Licensed in New Jersey

A: I presume that they have an order vacating stay, and that you have gone through loss,mitigation in bankruptcy, and you are already in a chApter 13, you should try modifying your plan. Talk with your attorney and the trustee which is either Isabel balboa or al russo

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