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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 118789
Experience:  Attorney At Law handling education matters.
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Tina, I was in bankruptcy and I asked my attorney not to

Customer Question

Hello Tina, I was in bankruptcy and I asked my attorney not to include my rental property in the bankruptcy. She did. I have been making payments on the property directly to the mortgage company. My payments were not applied to my mortgage but were being paid to an attorney. My bankruptcy was discharged in February and now the mortgage company has my property in a foreclosure statutes. Shouldn't my payment been applied to my mortgage and not to other fees?
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: North Carolina
JA: Has any paperwork been filed?
Customer: You mean a sales date?
JA: Anything else you want the lawyer to know before I connect you?
Customer: The bank would not let me make additional payments. They said I had to file for a loss mitigation or pay the behind amount in full. I just got a notice saying I didn't get approved for the loss mitigation because the property is not my primary resident
Submitted: 1 month ago.
Category: Bankruptcy Law
Expert:  Law Educator, Esq. replied 1 month ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Expert:  Law Educator, Esq. replied 1 month ago.

If you had been paying your mortgage payments throughout the bankruptcy proceeding, then those payments should have been applied to your loan. You need to contact your bankruptcy attorney about that issue, since the lender should have been applying all of your payments to your loan monthly payments. If they did improperly apply your payments, then you would have a right to sue the mortgage company for their breach of contract in improperly applying your monthly payments.

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