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    Issue with Case

    I have an issue that i need feedback on. We filed for chapter 13 in feb.. confirmed in april.. Up till that time our attorney told us to hodl off starting morgage payments. Then after the 341 he said to start makign them in may..so we did.

    In june we missed the morgage payment. all chapter 13 payments have been made on time.

    The lender filed a motion for relief because of non payment. Low and behold when the lender filed the motion our so called attorney NEVER told us about the motion and NEVER filed a response.....

    So now the motion was granted and they can proceed with forclosure. We have sought new counsel who has filed a motion to reinstate the relief.

    We live in mass and i want to know will we get a chance to make up the money we owe...we have it has anyone been here.. i really need your thoughts !!!!

    I dont want to loose my home

    #2
    well first take a step back and breathe and then let reality come into play.


    You included arreage in your chapter 13 filing? You made your first payment adn then missed a payment?

    Why did you miss the June payment? Was it because of a one time extenuating circumstance or was it because each month you do not have enough money to cover it all.

    Missing mortgage payments entitles the lending company to file for relief. Bk is a chance to catch your breath and get back on track. However many people fail to see the real reason why they are behind and that is because they simply don't take in enough money each month to support the lifestyle.

    So the real question to ask yourself here is Can You Afford this house? Will making that mortgage payment be a on going crisis? If the answer to this question is yes, then you need to rethink the reason why you filed in the first place.

    Many times we get so wrapped up in the "things" that not having all those "things" we think that our lives will never be the same.

    So now make a business decision. If your business is always losing money or can't meet its obligations on a monthly basis, what is the decision the business must make? They must either cut waste, cut people, or close their doors.

    What are your options? can you cut waste (can't cut people of course) or do you close your doors.

    Sometime you need to take out the emotions that are involved with your things. Then look at it from a realistic viewpoint.

    Did you borrow the money to come up with the missed payment(s)? Will you always be struggling each month to come up with this money? And I am sure the previous attorney probably thought you KNEW you missed the payment and that as a result, of course the lender would file for relief of stay.

    Gl with your motion. I don't mean to sound "mean" here but you can't play the system. If you had a legit reason for missing the payment, that is one thing. But to now say, "well we have the money" if that is the case why was the payment missed? The court will protect you only so long as you abide by the rules. It can't protect you if you don't live up to your end of the bargain. And in defense of your previous attorney, you KNEW you missed the payment and I am sure he thought you KNEW what the consequenses of that would be. You need to be responsible here too. And you need to keep track of your case as well. Attorney's are caretakers.
    Last edited by rrockinggramma; 09-01-2009, 05:09 AM.

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      #3
      It was truthfully lax on my part i can defiitely afford the payments thats not a problem. I just simply forgot and thats something i have to correct because this cant happen.

      So what do you think will happen.. will a judge say adios amigo or will some arrangement between my lew lawyer and the bank be worked out. possible ammedment to our plan ?

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        #4
        well you can't be LAX. MY goodness!!!! This is your HOUSE.

        The finance company has a legit GRIPE. and the trustee COULD rule on their side. So you will have to wait and see.

        Be responsible and take charge.

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          #5
          yes i have already realized that the main problem we listened to a lwyer who was completely worng. My new lawyer has already filed the motion to reinstate, we werent given the chance to clear the issue up. our old attorney never contacted us about the motion otherwise we would have taken care of it then.

          So are judges these days more willing to have the parties work things out. with the housing market in the dumps like it is ?

          Comment


            #6
            well hopefully the finance company doesn't want your house. But you will need to be able to prove that you are responsible enough to make the payments on time from here on out. I suspect you will be on probation and 1 slip up and it will be gone.

            I apologize for sound upset in my posts. But I lost my house do to my irresponsible actions and now I have another house. I treasure it. As I am sure otheres here who have lost their homes and can't wait to get into another one do.

            So please, treasure what you have. Especially if you can afford it!!!!

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