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Loan Modification Interruption

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    #16
    Originally posted by welly1970 View Post
    there is nothing on the agreement stated that ,beside i already made August payment and they said they will not take any more payment from me.

    Also the document did not have anyones signature and it was only required for me to sign.plus they got the money that they asked me for and was accepted and applied as a contribution to facilitate this agreement
    The link you posted, shows an actual agreement where the debtor and then the lender signs. Without a countersigned agreement, I think that you have issues. Having wrote that, if you attorney wants you to spend $2,500 to defend it... I don't know where it will go. I guess your suing to force them to accept the agreement. I don't know what to say, but as NewLifeAhead writes, there's usually a trial period of 3 months on modifications. I have no clue if any of this applies for your particular State and State non-bankruptcy laws.

    What I do know, is that if you think you can afford a Chapter 13 and really want to save the home, that may be your only recourse. If you want to litigate and see what happens with fighting the foreclosure action, by countersuing for breech of contract, that's up to you.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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