Q: The investor's lawyer called me a liar and wants me Subpoenaed to go to court ! Is this normal ?
My bankruptcy attorney had a court hearing to get my mortgage reinstated. The lender's lawyer objected to everything and called me a liar and said, they had a agreement with my first lawyer to sell my home. I never gave my first lawyer or anyone else permission to sell my home. The lender's lawyer said, they had a agreement, but there is no written statement or anything signed by me, no email, voicemail, contract, nothing ! The lender's lawyer said, I lied and that they could have foreclosed by now if I didn't agree to sell my home. Then I got a subpoena to go to court to answer questions ! They are making me feel like a criminal. My bankruptcy lawyer said, I must go and answer whatever questions the lawyer or judge have. All I want to do is have my mortgage reinstated so I can keep paying it and the back arrears I owe. This went from getting a loan modification to chapter 13 to being subpoenaed. The investors are spending more on lawyers fees then if they gave me the modification !
A: This is not common. However, you have counsel, so your questions have to be directed to your attorney. If you chose to change attorneys, you are free to do so, but from the little information you provided, it does not seem like your attorney has done anything wrong. Good luck.
A: Your lawyer will protect you,. Gather your documents, prepare for the hearing well and you may still get your modification.
A: Your experience sounds relatively common but obviously you should ask your current attorney how he or she feels the case is proceeding. Often, those who are not experienced in the legal system misunderstand arguments before a court to be "accusations". You state you wish to cure your mortgage arrears. If you have the legal right to do so, the Bankruptcy Code offers you the ability to do so. These issues are often raised where there is an argument that you may not have the right to do so. I have a great deal of confidence in bankruptcy courts to resolve these issues properly. You should rely on your attorney or consult a new attorney with full information about your case.
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