Hi: My name is Cliff and this is my first post. I have a Chapter 13 case going that at the rate it's going won't even begin to resolve why I declared BK in the first place. First let me tell you a little about myself. I'm 56 years old, and on disability with Social Security. I also care for a younger sister who is disabled with a case of mild mental incapacity. Through my efforts she gets Social Security and some SSI. We inherited the house we live in from our mother after she died in 2006. In 2010 I started having trouble making the payments. In all, I missed January, February, and March of 2011. In mid March I was able to get the past due payments together as well as the April payment that would soon be due. I called the lender (Chase) and asked how they wanted to handle this. They told me to not bother. To not bother because they had already begun foreclosure proceedings against me, or rather the estate(more on that at a later date because that in itself is a very annoying story). If I chose to send the money anyway they would not accept it and would return it.
Well, for the next three years I went from one mortgage modification company to another trying to get this resolved. I started getting "Notice of Trustee Sale" in February of 2013. I actually spoke with a bankruptcy attorney then, but in my mind it appeared that they were asking an outrageous amount of money. What no one told me was that a lot of that fee was going to be added to the Chapter 13 Plan. So, as a result of not being properly informed I decided to sign on with yet another mortgage modification company. They were able to get the Trustee Sale postponed for quite awhile. I was even told that Chase had several different mortgage reinstatement programs any one of which I was qualified for. But in late September 2013 not long before I received notice that the Trustee sale had been rescheduled for October 29th 2013, I received a letter from Chase indicating that the reason that they could not grant me a modification was because Chase did not own my mortgage. It had been sold to a group of private investors who had it in their contract with Chase that they would not allow Chase to modify, or otherwise change the terms of the loan for any reason at all. As a result in order to save my house I filed Chapter 13 Pro-Se. Apparently, I made a lot of mistakes because at the first 341 meeting I went to she asked me if I had retained counsel yet, to which I replied that there were a lot of errors in my filing, and if I didn't get an attorney she would file a motion to dismiss, something she did anyway. So, I must have spoken with over a dozen lawyers. Some flat out didn't want to have anything to do with my case. Others, outright told me that it would take more time and money to correct the errors in my filing than it would be if I agreed to allow the case to be dismissed and then they (after I paid them of course). The reason I decided to file Pro-Se was because of what the attorneys I spoke with demanded. Not a single one of them would work with me. I mean, as you can imagine being on Social Security doesn't exactly leave me rolling in dough. Everyone wanted their $1500-$2500 up front. But then a few weeks later I have to come up with a plan payment. I asked some of then lawyers that I spoke with is to allow me to break up their fee into two, perhaps even three payments over three months. Not a single one agreed to do that. When I asked how I could be expected to come up with that kind of money. If I was able to make it through to the third month their fee would be paid and then I would only need to cover the plan payment as well as the normal expenses we have. When I attended the "Motion to Dismiss" hearing the judge asked me why I didn't have a lawyer. I explained to him that it was very difficult to find a lawyer who was willing to work with me. He replied that there were attorneys in my area that would agree to work their entire fee into the plan. Naturally I asked him to refer me to someone who would agree to do this. Naturally, he said that it would not be appropriate for him to do that. In the end of that session he gave me another 35 days to find a lawyer. If I didn't he would have no choice. I tried to find a lawyer willing to do this. As expected when we reconvened on March 6th the judge, after I admitted that I still did not have counsel, dismissed my case. Now,knowing that a case filed so quickly after the first was dismissed only carried with it a 30 day stay, I have been feverishly looking for a lawyer that will work with me. Either that, or find a way to postpone the first plan payment for 30-60 days. I did re file right away. As soon as the judge made his order I walked out of the court room and went to the Clerk's office to file a new case. But now, even though my first case has been dismissed, the attorneys I spoke with before the first case was dismissed, as well as a few I had not spoken to yet are either refusing to take the case, or, are demanding as much as $2500 up front, and are refusing to allow me to make payments over two to three months for his fee. I saw a new attorney referred to me by another attorney that had refused the case. After hearing what the situation said he would not lift a finger until he gets paid $2500.00 cash up front. One of the things he said was, in my opinion at least a bit rude. After he refused to allow his fee to be paid in payments, he looked at me and said, and I quote "In this business we look to see how serious the client is about the case. We have found that clients who are truly dedicated to success will do whatever it takes to come up with the $2500." Can you believe that? In addition, he gave me a list of documents he needs. That, along with the $2500.00 retainer would be due this coming Monday. My question is this, with what we have coming in every month we would be able to pay a $1500-$2500 retainer over a two to three month period. But I can't pay the full retainer, and the plan payment all in the same month. If I was able to do that I wouldn't be trying to declare Chapter 13. I mean people file for bankruptcy because they are broke, and can't pay their bills right? I mean if I had the ability to pay an attorneys full retainer, AND make a plan payment, as well as cover the usual household expenses (Utilities, food, gasoline etc) I most likely would not need to file Bankruptcy at all. My question is how do I get these men to play ball? I understand that they have expenses of their own ,IE. overhead at the office, along with the same living expenses the same as anyone else, but come on. I currently live in Visalia which is in Central California. There is apparently not as much competition for legal services. If I was still living in Los Angeles where I lived and worked for over 30 years. I was always hearing through the grapevine about how someone, or another was being helped by an attorney in any number of ways like outright Pro-Bono representation. or discounted fees, just generally helping people in need out. If anyone has any advice for me I would really appreciate it.
Thanks
Cliff
Well, for the next three years I went from one mortgage modification company to another trying to get this resolved. I started getting "Notice of Trustee Sale" in February of 2013. I actually spoke with a bankruptcy attorney then, but in my mind it appeared that they were asking an outrageous amount of money. What no one told me was that a lot of that fee was going to be added to the Chapter 13 Plan. So, as a result of not being properly informed I decided to sign on with yet another mortgage modification company. They were able to get the Trustee Sale postponed for quite awhile. I was even told that Chase had several different mortgage reinstatement programs any one of which I was qualified for. But in late September 2013 not long before I received notice that the Trustee sale had been rescheduled for October 29th 2013, I received a letter from Chase indicating that the reason that they could not grant me a modification was because Chase did not own my mortgage. It had been sold to a group of private investors who had it in their contract with Chase that they would not allow Chase to modify, or otherwise change the terms of the loan for any reason at all. As a result in order to save my house I filed Chapter 13 Pro-Se. Apparently, I made a lot of mistakes because at the first 341 meeting I went to she asked me if I had retained counsel yet, to which I replied that there were a lot of errors in my filing, and if I didn't get an attorney she would file a motion to dismiss, something she did anyway. So, I must have spoken with over a dozen lawyers. Some flat out didn't want to have anything to do with my case. Others, outright told me that it would take more time and money to correct the errors in my filing than it would be if I agreed to allow the case to be dismissed and then they (after I paid them of course). The reason I decided to file Pro-Se was because of what the attorneys I spoke with demanded. Not a single one of them would work with me. I mean, as you can imagine being on Social Security doesn't exactly leave me rolling in dough. Everyone wanted their $1500-$2500 up front. But then a few weeks later I have to come up with a plan payment. I asked some of then lawyers that I spoke with is to allow me to break up their fee into two, perhaps even three payments over three months. Not a single one agreed to do that. When I asked how I could be expected to come up with that kind of money. If I was able to make it through to the third month their fee would be paid and then I would only need to cover the plan payment as well as the normal expenses we have. When I attended the "Motion to Dismiss" hearing the judge asked me why I didn't have a lawyer. I explained to him that it was very difficult to find a lawyer who was willing to work with me. He replied that there were attorneys in my area that would agree to work their entire fee into the plan. Naturally I asked him to refer me to someone who would agree to do this. Naturally, he said that it would not be appropriate for him to do that. In the end of that session he gave me another 35 days to find a lawyer. If I didn't he would have no choice. I tried to find a lawyer willing to do this. As expected when we reconvened on March 6th the judge, after I admitted that I still did not have counsel, dismissed my case. Now,knowing that a case filed so quickly after the first was dismissed only carried with it a 30 day stay, I have been feverishly looking for a lawyer that will work with me. Either that, or find a way to postpone the first plan payment for 30-60 days. I did re file right away. As soon as the judge made his order I walked out of the court room and went to the Clerk's office to file a new case. But now, even though my first case has been dismissed, the attorneys I spoke with before the first case was dismissed, as well as a few I had not spoken to yet are either refusing to take the case, or, are demanding as much as $2500 up front, and are refusing to allow me to make payments over two to three months for his fee. I saw a new attorney referred to me by another attorney that had refused the case. After hearing what the situation said he would not lift a finger until he gets paid $2500.00 cash up front. One of the things he said was, in my opinion at least a bit rude. After he refused to allow his fee to be paid in payments, he looked at me and said, and I quote "In this business we look to see how serious the client is about the case. We have found that clients who are truly dedicated to success will do whatever it takes to come up with the $2500." Can you believe that? In addition, he gave me a list of documents he needs. That, along with the $2500.00 retainer would be due this coming Monday. My question is this, with what we have coming in every month we would be able to pay a $1500-$2500 retainer over a two to three month period. But I can't pay the full retainer, and the plan payment all in the same month. If I was able to do that I wouldn't be trying to declare Chapter 13. I mean people file for bankruptcy because they are broke, and can't pay their bills right? I mean if I had the ability to pay an attorneys full retainer, AND make a plan payment, as well as cover the usual household expenses (Utilities, food, gasoline etc) I most likely would not need to file Bankruptcy at all. My question is how do I get these men to play ball? I understand that they have expenses of their own ,IE. overhead at the office, along with the same living expenses the same as anyone else, but come on. I currently live in Visalia which is in Central California. There is apparently not as much competition for legal services. If I was still living in Los Angeles where I lived and worked for over 30 years. I was always hearing through the grapevine about how someone, or another was being helped by an attorney in any number of ways like outright Pro-Bono representation. or discounted fees, just generally helping people in need out. If anyone has any advice for me I would really appreciate it.
Thanks
Cliff
Bankruptcy Wizard
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