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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2821
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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My attorney said she cant do anything for me at this point.

Resolved Question:

My attorney said she can't do anything for me at this point. I am behind in chapter 13 payments and I owe the mortgage company $7500. I owe $30,000, but have paid it down to $16,000. Is there anything I can do? I have a court date on Thursday, Nov 5th and my attorney said the case will be dismissed and mortgage company can foreclose. Should I get another attorney? Is there truly no hope?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
While in a chapter 13, you need to stay current on the chapter13 plan payments as well as the mortgage payments (if you are paying your post-filing mortgage payments directly).
If you are behind on direct payments, you have 3 options with the mortgage.
1. catch up. if you cannot cure by the motion date, you can tender what you have, and ask for a short continuance to get the rest.

2. If you cannot, you can tender as much as you can, then see if they are willing to enter into what is called a default repayment agreement, whereby they elect to take a repayment plan in addition to the regular payments (usually between 2-6 months). You agree to let them modify the stay if you fail to keep up with these payments as agreed.

(This does not apply if the trustee sends the lender the current payment from your trustee payment)
3. You can let the stay modify and deal with the lender outside of the case (loan modification, refinance etc)
4. Conversion to chapter 7may be an option too, talk to your lawyer to see if you qualify.

Customer: replied 7 years ago.
My attorney is not showing up for the hearing date on Nov 5th. I am behind in both my chapter 13 payments and my mortgage. Are you suggesting your methods you described? Should I get another attorney to file the motion as you stated? How long will I have before my house is foreclosed after my hearing date on Nov 5th? I need to act fast if I need to make this happen.
Expert:  Terry L. replied 7 years ago.
Foreclosures can take 6-9 months once they start. If one had been filed previously, it may be on a bankruptcy status call, and they can re-start once the stay is modified/case dismissed. You need to show up for that hearing if your lawyer will not. You need to talk with your lawyer about helping you with any of the above options. If they will not, you need to fire them and hire another attorney to do so. Any of my choices are available, however, each has various consequences based on the facts of each case. You need to review these with your attorney to decide which is the best option for you based on your current situation. Good luck.
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