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Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 23134
Experience:  14 years practicing law. Landlord 24 years +
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Can your mortgage company ignore chapter 13 court orders after

Customer Question

Can your mortgage company ignore chapter 13 court orders after they are sent to them. Also, what can a person do if their chapter 13 attorney is not returning your calls. I lost my job about a week after filing chapter 13. I spoke to him last when he said he would call and set an appointment to come in and redue some paper work - now it has been 4 weeks and nothing.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Barrister replied 5 years ago.

Hello,

 

That could depend on what type of orders had been sent. With Chapter 13 being a reorganization, this allows the debtor to repay their debt, normally in 3 to 5 years at a reduced rate. If you mean that the mortgage company is attempting to pursue some type of foreclosure action after receiving notice of a Chapter 13 reorganization, this is usually prohibited under 11 U.S.C. Section 362 which automatically stays (puts on hold) most collection actions against the debtor or the debtor's property.

As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make phone calls demanding payments.

 

With regard to your attorney, all attorneys have a duty under the Model Rules of Professional Conduct from the American Bar Association to:

 

 

(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules;

(2) reasonably consult with the client about the means by which the client's objectives are to be accomplished;

(3) keep the client reasonably informed about the status of the matter;

(4) promptly comply with reasonable requests for information; and

(5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

The question would be, is 4 weeks a "reasonable time"? Depending on what has happened in the case it may be. However, most attorneys will update their clients on a regular basis, even if it is just to say "I don't know anything new". I would advise calling and attempting to set up an appointment, followed up with a letter requesting the same thing. Once he receives the written request, I would bet that he will contact you to update you on your case status.

I hope this helps and thank you for the opportunity to answer your question.

Matt

I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the legal result is not what you would prefer, but as you know, we don't make the law, we just operate under it. If your question was in fact answered to your satisfaction please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Thank you for your consideration.

 

This information is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.

Customer: replied 5 years ago.
The appointment and time is what we have been trying to get. My husband was in the office when the attorney said he would call us back (in a day or two) with the appointment time. This has helped, but my original, more pressing issue is with the mortgage company, can they ignore chapter 13 papers and force people into foreclosure (not updating account according to chapter 13 filing).
Customer: replied 5 years ago.
This is the problem, the house has hail damage from a storm in april (the roof and siding has holes). The mortgage company wants control of the insurance check we need to make repairs. To get this control, they have not updated our account. When the other departments (loss draft) looks at the account, they do not see a chapter 13 and the account (looks) past due 71 days. Iis not because we have been sending in the 1300 a month payments, and they are not applying it. The mortgage company sends us statements saying they have received them, but it is not showing on the account. The chapter 13 stated that all arrearage was put in the chapter 13, first payment due in May. We have sent in the payments, but still no updates.
Expert:  Barrister replied 5 years ago.
Hello,

Have you sent the other departments copied of the Chapter 13 paperwork? If you haven't, make sure it is sent certified mail, return receipt requested. This will make sure that all departments have actual knowledge of the action and will not be able to conveniently say "We didn't know". It is not unusual for different departments to have different addresses and even different cities and states but this will ensure that they can claim ignorance. Once you receive the return confirmations you will know that they know for sure.

With regard to the appointment, make sure you also put it in writing and it is sent certified mail. I would mention that I have been very patient but I need an update on my case.

The bad news is I suspect that he may not be giving your case the attention it deserves because he knows that you are unemployed and is worried about getting paid.

I hope this helps out and thank you for the opportunity to answer your question.

Matt

I hope you have a better understanding of your legal issue as a result of my comments. I am sorry if the legal result is not what you would prefer, but as you know, we don't make the law, we just operate under it. If your question was in fact answered to your satisfaction please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question afterward clicking ACCEPT, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.
Thank you for your consideration.

This information is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.
Customer: replied 5 years ago.

My husband is back working already, that was when he went to his office and the attorney said he would call us with the appointment time. That was 4 weeks ago. Thanks for all your help and patience. I will be using this service again. Matt and Attorney Phillips, you have been great.

 

Expert:  Barrister replied 5 years ago.
Thank you for the kind words. We try to do our best to get you the information you need.

Thanks.
Matt.

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