Mortgage Forum

SuzieQ

Unfortunately because of health problems, I fell behind in my mortgage payments. I panicked when I received a summons from the Courts about Mortgage Forclosure proceedings.

Immediately I contacted an attorney and he filed a Chapter 13 in October 2007. I agreed to a loan repayment plan with the attorney. It is now May 2008, and my Chapter 13 has not been confirmed because of various objections, etc. My attorney called me the other day to say he had to resubmit the plan with an increase of $500 and I will have to pay the additional back payments immediately.

I told him I did not have the additional money, and it was impossible to pay, because I don't even make that kind of money. He told me if I could not fund the plan as he submitted, the trustee will dismiss my case and Citi Residential will proceed with the foreclosure proceedings. I sent a letter to the Trustee, and went to my scheduled confirmation meeting in an attempt to discuss this matter, however the trustee continued my case and would not speak to me directly.

She suggested I speak with my attorney. I have asked my attorney to send Citi Residential a letter authorizing them to speak with me, and they have requested a hardship letter, financial statement, bank statements and pay statements. I faxed this information three times and have not heard from them. I call every other day, and i am told that my information has not been uploaded. Do you think I can convert my Chapter 13 to a Chapter 7, and make some type of agreement with Citi to pay the my current mortgage and arrears?

I am so afraid I will lose my home just waiting for someone to contact me.

Glenn Dorsey

Sounds to me like your bankruptcy attorney is dropping the ball here. I would highly advise that you make an appointment to speak with your bankruptcy lawyer face-to-face. Bring your legal pad with you that lists every question you just asked here, and add any others you might have to it. Demand that your lawyer answers every one of them tight there, and then ask him if he wishes to continue representing you.

Your questions here call for us to analyze them with just too much missing data. You need an attorney that is willing to fight for you, or at least tell you when it's best to throw in the towel. If you're current bankruptcy attorney is not willing to go to bat for you, you can easily bring all of your questions and concerns to another one that will. You can find someone that will fight for your legal rights, and you can conduct your search for free thanks to the "free initial consultation" that most lawyers offer.

I want to tell you that you won't lose your home in a foreclosure proceeding, that your credit problems will just go away, and that you can convert this to a Chapter 7, but I can't with the info. you have given.

Go find someone that will help you save your home. if you can't at least you can go ahead and start preparing for the next steps now instead of waiting for the eventual results. I wish you the very best!!

Glenn