Legal Question in Bankruptcy in New York

mortgage modification while in chapter 7

An attorney answered my ? stating the trustee in my chapter 7should help me with a loan mod how do I start going about this ? Do I contact the bank first ?Hire a loan mod company? (That I can't really afford or just wait until I go in front of the trustee the first time ? My BK lawyer seems to think I should walk away from my home since my income is so low right now and have no equity left in the house .


Asked on 4/29/09, 9:47 am

1 Answer from Attorneys

Craig Robins Law Offices of Craig D. Robins (www.BankruptcyCanHelp.com)

Re: mortgage modification while in chapter 7

I am not familiar with your prior question, but I don't think you received correct information.

Trustees absolutely do not help debtors with loan modifications.

Any experienced bankruptcy attorney should be able to review your budget, finances and asssets, and make a recommendation as to whether it is worthwhile to try to keep a home. I don't know how experienced your bankruptcy attorney is, but it sounds like he gave you his opinion.

If you really want to pursue a mortgage modification, you can try contacting the mortgage company directly, although they may want your bankruptcy attorney to authorize them to speak to you, since you are currently represented by counsel. They also do not want to be accused of trying to violate the automatic stay.

For more information about filing bankruptcy on Long Island, mortgages and foreclosure on Long Island, please see my Long Island bankruptcy blog:

www.LongIslandBankruptcyBlog.com

Good luck!

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Answered on 4/30/09, 3:02 pm


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