Villas, NJ asked in Bankruptcy for New Jersey

Q: Paying my mortgage again after filing Chapter 13, but my lawyer still wants me to sell my home. Somethings fishy in NJ !

I was trying to get a loan modification and was turned down 3 times. The investors lawyers said, I had 6 months to sell my home. This is AFTER I filed chapter 13. I since got a job paying 3 times as much as I was before. So now I can pay my mortgage and the back arrears. Along with the Trustee. The next thing I know I get papers from my OWN lawyer telling me to sell my home ! If I am paying my mortgage again and the back arrears why is MY lawyer telling me to sell my home ? Something isn't right. I don't know if my lawyer made some kind of deal with the investor's lawyers, but something isn't right. I call my lawyer and he gives a story about how he bought me time to sell my home. There was even a few times that he began to yell at me. Then I just got a letter today from the investor's lawyers saying the want to see my paychecks and the signed FOR SALE agreement. If I am now once again paying my mortgage and back arrears. What is going on ? I was told to get out by Sept,1st

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Get a second opinion from another bankruptcy lawyer and find out what is going on. The 13 plan may need to be modified or other action taken. Make sure you understand what is really going on and what your options are before you do anything else.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: You really need to have an in person consultation and document review with an experienced mortgage foreclosure defense and bankruptcy attorney. Nothing about what you said sounds even remotely normal. Definitely, something is seriously wrong if those are the facts. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

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