Fighting with Mortgage Company

[Aledrell]

In Oct 2008 called mortgage company told them I could no longer afford mortgage. They refused to talk to me because I was current. So I called back 3 months later and they told me to short sale my home, fine. I got a buyer and they sat on the offer causing buyer to pull out. This happened right before scheduled trustee so since I was on unemployment and had 30k in CC debt filed CH7. They had an attorney file for relief from the stay, but I filed an Objection, Request for Adversary Hearing, and ammended my schedules to dispute the debt. Not sure I can request for an objection and an adversary hearing in the same motion but I did. I was under the immpresion that if they wanted to file a response to my objection they had like 20 days. Well it has been over a month and I have heard nothing from the court or Mortgage Company regarding this. Although Strangley they began negotiating with me regarding modification. They barely modified it, I am still not satified because it's still nowhere near market value on principal and it is still twice the amount to rent the place next door. I have an FHA loan, and the Secretary of HUD has issued several directives to Mortgage companies regarding necessary steps these companies must tae to help homeowners. My deed of trust states that my mortgage company will follow HUD directives which is why I changed the debt on my schedules to disputed. If a modification agreement is reached they said they will want court approval, and they don't mean affirmation. What do they mean? The trustee hinted at the fact I would need to file a motion but would give legal advice, what motion would I file? Please give any advice you would think helpful?

Also I would prefer not to file BK and tried calling Amex etc to see what they would settle for minimally and the attorney said they don't do that. I read on the internet that Amex is the most difficult, but isn't better in a no asset case to take something rather nothing because I would like to dismiss my bk if I get a mod on my mortage?

[justbroke]

My deed of trust states that my mortgage company will follow HUD directives which is why I changed the debt on my schedules to disputed. If a modification agreement is reached they said they will want court approval, and they don't mean affirmation. What do they mean? The trustee hinted at the fact I would need to file a motion but would give legal advice, what motion would I file? Please give any advice you would think helpful?

I don't think anyone on here can or will give you legal advice on the specifics of what you apparently just did. It reads as though you're trying to challenge your lender and that they may be willing to do a modification. It also reads that you don't understand how to even file a complaint (Adversary Proceeding/AP), which is a serious and full blown court proceeding. I never suggest that pro se filers get into APs... especially when they don't know the Federal Rules of Civil Procedure (FRCP), Federal Rules of Evidence (FRE), and the Federal Rules of Bankruptcy Procedure (FRBP). While a court must construe your pleadings literally... there's nothing that trumps procedure.

I think you probably need to just ask the mortgage company to propose a modification... and deal with it. I don't think you're prepared to go into an AP. Reads as though the lender is cutting you slack by not wanting to fight, but this doesn't mean that won't change their mind on fighting.

Also I would prefer not to file BK and tried calling Amex etc to see what they would settle for minimally and the attorney said they don't do that. I read on the internet that Amex is the most difficult, but isn't better in a no asset case to take something rather nothing because I would like to dismiss my bk if I get a mod on my mortage?

Prefer not to file BK? Did you file or not. Now I am totally confused!

Also, you can not, repeat can not, voluntarily dismiss a Chapter 7 bankruptcy. Now that you have filed... it's on auto-pilot. Worse case, if you messed this up, you will never be able to discharge any of this debt... ever. I think you have some serious issues now.

[jribe]

it may be different in different states/districts but here in CA- if someone wants to dismiss their Ch. 7 they can petition the judge to dismiss it.

I specifically asked this, because i was worried that my employer would say i couldn't file BK and i might have to get out of it..

I don't think anyone on here can or will give you legal advice on the specifics of what you apparently just did. It reads as though you're trying to challenge your lender and that they may be willing to do a modification. It also reads that you don't understand how to even file a complaint (Adversary Proceeding/AP), which is a serious and full blown court proceeding. I never suggest that pro se filers get into APs... especially when they don't know the Federal Rules of Civil Procedure (FRCP), Federal Rules of Evidence (FRE), and the Federal Rules of Bankruptcy Procedure (FRBP). While a court must construe your pleadings literally... there's nothing that trumps procedure.

I think you probably need to just ask the mortgage company to propose a modification... and deal with it. I don't think you're prepared to go into an AP. Reads as though the lender is cutting you slack by not wanting to fight, but this doesn't mean that won't change their mind on fighting.

Prefer not to file BK? Did you file or not. Now I am totally confused!

Also, you can not, repeat can not, voluntarily dismiss a Chapter 7 bankruptcy. Now that you have filed... it's on auto-pilot. Worse case, if you messed this up, you will never be able to discharge any of this debt... ever. I think you have some serious issues now.

[justbroke]

it may be different in different states/districts but here in CA- if someone wants to dismiss their Ch. 7 they can petition the judge to dismiss it.

No it's not different. You can ask to have a (Chapter 7) case dismiss, but that's all you can do... is "ask". The Trustee can object and your case won't be dismissed.

If any attorney told you that you have right to a dismissal in a Chapter 7... they lied to you or don't know anything about a Chapter 7. While you can certainly file a Motion to Waive Discharge (a technique some use) or Motion to Voluntarily Dismiss, this is not something that works the same in a Chapter 7. In a Chapter 13, one can voluntarily dismiss a case upon motion to the court. Entirely different thing in a Chapter 7.

In most cases, the Trustee will want to continue the Chapter 7 case, especially if you have assets to adminster!