Legal Question in Bankruptcy in Maryland

forclosure/bankruptcy

after filing a chap. 13 and 2 years later missing a payment , what laws are out there to help me save my home once again. even though i have all the monies. but the mortgage company sent it back to me. they said there lawyers advised them not to collect monies from me. what laws are in my favors if any at all?


Asked on 1/21/03, 7:16 pm

3 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: forclosure/bankruptcy

You may be able to gain relief at the lift stay hearing to be brought by the mortgage company as a precondition of effecting its foreclosure.

Between now and then you need to pursue every option to forestall the mortgage company from seeking to foreclose. Unfortunately, the law provides you with a chance

to address your financial matters through bankruptcy but this "chance" does not continue to further deficiencies. At some point in the process of providing a debtor with protection viz a viz bankruptcy, the creditor has a right to seek protection where additional burden is placed upon it.

You should contact an attorney as this can be a sticky issue.

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Answered on 1/22/03, 9:24 am
Daniel Press Chung & Press, P.C.

Re: forclosure/bankruptcy

Your lawyer may or may not be able to fix this. Chapter 13 gives you one chance to cure, not multiple chances. However, if you act quickly, many mortgage companies are willing to work deals if you do it before they get a final order granting relief from the automatic stay. If you don't have a lawyer, now's the time to get one! Your other option is to fully cure the deficiency in cash - i.e., bring the mortgage fully current. You may also be able to dismiss your case and re-file either if there is no motion for relief from the stay at this point, or if there is someone else on the deed who has not yet filed and is willing to do so.

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Answered on 1/21/03, 7:20 pm
Carolyn Gilden Krohn Law Offices of Carolyn Gilden Krohn

Re: forclosure/bankruptcy

Has the mortgage company's attorney filed a motion for relief from the stay? It's very possible that their lawyers will allow you to "cure" your one payment, even though your mortgage company is saying that they won't. Is this is the first time you have missed a payment? No matter what happens, don't give up! You could be successful at a hearing if a motion has been filed. I normally do not suggest this, but you may wish to consider seeking the services of an attorney. This situation can be tricky.

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Answered on 1/21/03, 8:24 pm


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