Legal Question in Bankruptcy in Florida

I filed for chapter 13 a few months back, I had to send a truste money to pay my mortage and truck payments. I kept calling my mortage company asking them why I was reciving people from their office comming to my home on weekends, they sain that they knew nothing about my Bankruptcy. I called my attorney and found out that He had my first and second mortages mixed up and sent my second mortage my money, my second mortage was forgived by chapter 13, now they have my money and I am behind on my first, What do I do? Tom


Asked on 10/14/09, 6:12 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

What you're saying is confusing. Your attorney doesn't send out any money, the trustee does. If your second mortgage got money from the trustee, either the trustee's office screwed up because they listed it wrongly or your lawyer screwed up because he listed it wrongly.

If the trustee's office screwed up, they may be able to ask the judge to have the money returned and paid to the first mortgage company.

If your lawyer screwed up, well, the second mortgage company isn't going to give the money back, so you may lose the house. That's pretty serious, so you may want to talk to a malpractice lawyer.

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Answered on 10/14/09, 6:21 pm


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