Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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Thank you for the reply. If this is a criminal law question, I would be able to provide you with information. If, on the other hand, this is a real estate question,then this question belongs in a different category and some other expert will have to answer it. Please tell me what your question is.
Sorry for the delay. I am on the east coast and I shut my computer off for the night and turned in.
I think this belongs in another category, and I am going to opt out and have it moved elsewhere as it has real estate and bankruptcy components.
I will try to best answer your question.
The lending service's actions could constitute a violation of a criminal fraud statute if they have intentionally misrepresent the balance of the mortgage and application of funds. In a criminal matter you'll have to prove more than it is just wrong, or that they're idiots. You have to prove that they intentionally acted to defraud you knowing it was wrong. It could still be a civil fraud if they acted with careless disregard as to the truth.
When dealing with mortgages in bankruptcy there are two deficiencies that need to be established. The first is the pre bankruptcy filing arrears amount which is the total of payments missed and all fees incurred as of the date the bankruptcy was filed. The second is whether any post bankruptcy mortgage payments were missed after the bankruptcy was filed. You stated the amount of pre bankruptcy arrears and I am assuming no post bankruptcy mortgage payment were missed to the loan servicer. If that is accurate I would think you'd be able to reopen the chapter 13 to stop the foreclosure and then pursue an action against the servicing lender for fraud.
I hope that this explanation and advice was helpful and I wish you the best of luck solving this problem.