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HCLegal
HCLegal, Attorney
Category: Bankruptcy Law
Satisfied Customers: 423
Experience:  I have filed over a thousand bankruptcy cases.
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Background: I contacted my national lenders home equity bankruptcy

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Background: I contacted my national lender's home equity bankruptcy department. They are aware of my debt of $128K dismissed under Chapter 7 last August. However, they indicated that my case has not been closed (due to a pending auto accident claim that the trustee wants to negotiate the settlement, which can go on for another year). I told the lender that I signed the note and mortgage on this rental property. My wife only signed the mortgage. Therefore, we wish to apply for a Deed in Lieu of Foreclosure. The lender said that my Bankruptcy Attorney must send them a note authorizing them to deal with me directly. Once he complies, then I must fax to them a hardship letter. The lender suggested that I remain current with the monthly mortgage payments if I do not want them to foreclose on the property.

Questions: Do you have or can you please direct me to sample letters of my attorney authorizing the Lender to deal with me directly? Since I no longer have dealings with my Bankruptcy Attorney, can I switch to an independent law firm? Do you have examples of hardship letters for someone who is unemployed, disabled and bankrupt? Thank you for your time and consideration.

HCLegal :

Hello and thank you for your question here on Just Answer.

HCLegal :

The reason the creditor wants a letter from your attorney is because creditors are prohibited from contacting you directly when you are represented by an attorney and you are in an active bankruptcy case. Even though your case has been discharged it is still an active case.

HCLegal :

Your attorney just needs to give you a letter stating it is ok for the creditor to contact you directly. There is not really a form for this, as any letter will do.

HCLegal :

Here is a website that will give you advice on how to write a hardship letter to your mortgage company in order to obtain a deed in lieu of foreclosure.

HCLegal :

http://www.loansafe.org/forum/loan-modification/135-examples-hardship-letter.html

HCLegal :

Please let me know if you have any other questions or if you need clarification on any part of my answer.

HCLegal :

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