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Ask L. Morgan Your Own Question
L. Morgan
L. Morgan, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5
Experience:  I am a licensed attorney with more than 30 years experience representing individuals in bankruptcy cases.
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i filed bankruspty in 2002 i have kept up my payment and want

Customer Question

i filed bankruspty in 2002 i have kept up my payment and want to keep my home as i have inherited from my parents ididnt reafirm my laon and the lawyer didnt do it for me and now greentree wont help me with loan because of it even though i have kept payment up how can ireafirm when im a low income and cant afford lawyer fee howcan and can i do this on my own
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  L. Morgan replied 4 years ago.

L. Morgan :

Hi, my name is Lee. I am a bankruptcy attorney with many years experience. I'll try to address your question.

JACUSTOMER-b2csy12s- :

thanks

L. Morgan :

Many mortgage lenders are taking the position that if the loan was not reaffirmed, they will not negotiate any modification. Frankly, it is probably too late to reopen your old case and file a reaffirmation. If Greentree will not work with you, I recommend you consult with a bankruptcy attorney about filing a Chapter 13 case. Under Chapter 13, you may be able to set up a plan that will cure any arrearages over time and maintain the future payments. If you have additional unsecured debt, you may be able to avoid paying anything toward it, thereby freeing up more money to apply to the mortgage.

JACUSTOMER-b2csy12s- :

i am not behind i have kept the losan up to date

JACUSTOMER-b2csy12s- :

iam so bewillered is the any legal leg for me to stand as to where they are treateing me fair

L. Morgan :

If you have other debt, a new bankruptcy under Chapter 7 or 13 may free up enough income to be able to keep the mortgage serviced without so much difficulty.Many bankruptcy attorneys will file Chapter 13 cases with little or no attorney fees up front. If you don't have much additional debt, I recommend trying to secure a new mortgage loan from a different lender. Once you have approval on the new loan, you may be able to negotiate a reduced payoff of the Greentree loan. Unfortunately, there is no way to force Greentree to modify or accept a lower payoff. I hope this helps. If you are satisfied with my reply, please leave positive feedback. Let me know if you

JACUSTOMER-b2csy12s- :

if i ask can i make them send me a copy of my payment history

L. Morgan :

Yes, send the request in writing, preferably by certified mail. Put in the letter that you are requesting the information under the Real Estate Settlement Procedures Act. They will likely comply promptly.

JACUSTOMER-b2csy12s- :

ok is there any thing else i can do or get to help secure a loan or make the process easier

L. Morgan :

Talk to your bank or Savings and Loan first. Then shop with other lenders to get the best rate. Find out how much they are willing to lend against the property, then make a proposal to Greentree to pay off the loan for that amount or less. Hopefully they will negotiate.

L. Morgan :

Best of Luck.

JACUSTOMER-b2csy12s- :

thanks sorry for the bad spelling had stroke in1993 and my fingers and brian dont cooperate ill do all you sujested and il will good good praises for you i wish could refirm on my own but since i cant ill persued other avenues thank you

L. Morgan :

I wish you all the best.