Q: In chapter 13 for more then a year, found a great paying job and then got laid off !
I have been in chapter 13 for more then a yr. due to a death of a spouse and the loss of a job. I found another great paying job and went to court and the lender said, I could start paying my mortgage & back arrears again and the judge & trustee agreed, but the lender made me sign a paper stating that if I missed or was late with a payment they would foreclose in 60 days. I have been paying my mortgage & back arrears for a yr. now. Then right after New Year's I got laid off. I am 60 yrs. old and nobody wants to hire me even though I have over 35 yrs. in Plant management. I live in a resort town and in the dead of winter nobody is looking to buy a home so I am afraid they will foreclose. So I talked to a few attorneys who said, I can't get another mortgage for 8 yrs. even though I have good credit & money in the bank. But another attorney said, 2 to 3 yrs. And another told me that since I lost my job, have good credit and money in the bank I could probably get a mortgage in 45 days ?
A: You need to have an in person consultation with an attorney who is actually and experienced mortgage foreclosure defense and bankruptcy attorney, who is familiar and knows how to utilize the Bankruptcy Court's mortgage modification program. But unless you can obtain employment or start a business and obtain regular income fast, you are going to be in serious trouble.
A: If you are in bankruptcy, you do not have good credit. Also, you cannot do anything with your mortgage without court and trustee approval. Thus, the advice you are getting makes no sense all around. If no foreclosure has started, it takes years to foreclose. If you want to sell in the Spring, you will have plenty of time. The problem is in bankruptcy that takes court approval as well. Your bankruptcy lawyer needs to review whether your case is helping you at this point.
A: You need to consult an experienced mortgage defense attorney. You cannot possibly prevail without an attorney in this area, but a competent practitioner may be able to resolve this whole thing 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.
