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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31597
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband and I are in Chapt 13, mortgage not included. Recd

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My husband and I are in Chapt 13, mortgage not included. Rec'd stay from mortgage holder when first filed. We've been late, but did not miss any months. Collection agcy filed for motion to have stay removed. We gave proof of all payments made. Being required to have payments in before the 16th of mth (late fee applies after).If later than 16th, foreclosure can be requested. AND, we must pay the legal fee that this group charged, $68.99 through Oct, 2010. Is that fee legally our responsibility?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 7 years ago.
The loan documents generally requires a debtor to pay attorneys fees associated with collecting the debt. Thus, the fee is payable from you.
Customer: replied 7 years ago.
There was no need to start a motion for the foreclosure stay to be removed. We have lived in this house for 27 years and always paid the mortgage. It does not seem that this was a warranted action on their part. My gut tells me that if the holder had still been the bank it was before the buyout by the current bank, this would not have happened. Does that make sense?
Expert:  Roger replied 7 years ago.
It sounds like the lender jumped the gun. However, if the lender filed the motion before your plan was confirmed, it had the right to do so. I agree with your attorney, but if you don't want
to pay, you can force the lender to file a motion with the court for the money and let him/her decide.
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