Q: In bankruptcy, our mortgage co said we were current. Once discharged, they say we are delinquent. What can I do?
Went into bankruptcy ch 13 in 2013, Discharged in Dec 2018
Our lawyer was quite busy, so we asked for permission to communicate with bank. Getting nowhere our lawyer was going to file a petition to make current. A couple of months later they let us know we were current. The huge deficiency was no longer on their statements. We talked with the bankruptcy representative once a month at least, they concurred regularly that we were current. Once our bankruptcy was discharged, the bank told us that we were delinquent. They asked us if we wanted to modify, or relinquish the house. I called my lawyer immediately. He said this is not right and was going to file with the courts to have them prove their numbers. He said we should have a hearing date in a day or 2. I feel my lawyer is very busy, and cannot handle my case very well. Do I have a case to pursue, and what kind of lawyer do I Hire?
A: Yes. Their actions may violate the automatic stay. However, you will not get s gearing in s day or two. It will be more like a month or two. You need to hire a competent bankruptcy practitioner to handle this for you.
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