Lake Worth, FL asked in Bankruptcy for Florida

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?

Related Topics:
1 Lawyer Answer

Timothy Denison

  • Bankruptcy Lawyer
  • Louisville, KY

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.

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.