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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17248
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Ok my question is i filed for chapter 13 last may 08 . in may

Customer Question

Ok my question is i filed for chapter 13 last may 08 . in may of 09 i was three months behind on my house payments. march april and may. on may 19th i paid two of the three months behind. a week later they sent a letter toi the court saying i was 4 months behind on my payments which i wasnt that letter was wrote on may 26th and they said i was late on jume of 09 payment which it wasnt even june yet! i was supposed to sign it i refused to! i have proof of my payments i am actually current as we speak on june 22ndn they went to court with the false info andf got my right to stay removed!!i was curr ent when they went to court! I believe they did this on purpose. so my question is to i have a legitamte law suit against thye mortgage companby!! my bankruptcy lawyer is no help!!
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 8 years ago.
you may have a suit or cause of action against the mortgage company, what your lawyer should have done is file an objection to the motion to lift the stay and submit your evidence, it may still be possible to do this, if not, withdraw your case without prejudice and refile the chapter 13, you are allowed to refile the next day

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