Legal Question in Bankruptcy in Pennsylvania

false alligation

Filed for banckrupcy in 1995, which included mortgage. In 6/99 the attorneys for the Mortage companies filed for Relive of the Stay. When contacting my banckruptcy lawyer, he suggested that I send the attorneys for the mortgage company the receipts of the months that they were saying I was in aires or send him $150.00 and he would look into it. I of couse sent the cancelled checks my self. The Attorney for the mortgage company did not accept my cancelled checks, sent by receipt mail, becasue they wanted a proper motion filed by my banckruptcy attorney. Thus, the date for filing a answer was missed and a relief was granted. My attorney then called the attorneys for the mortgage company and asked for a new hearing. A new hearing was granted and aftering receiving proff are now saying that I have not paid my mortgage for the entire yr. '98.

I have all the cancelled checks for'98, except for 11/98 which was sent 11/10. Because the attorneys for the mortgage company said I have'nt been paying my mortgage they dropped my insurance for the house, because the insurance is paid through the mortgage. This is only the Reader's Digest version. Do I have any recourse aginst the mortgage company?


Asked on 9/08/99, 10:05 pm

1 Answer from Attorneys

Susan Freiman The Legal Clinic

Re: false alligation

Probably, but get smart and have your lawyer handle this for you. You tried to do it on your own, probably to save a small lawyer's fee, and it ended up costing you far more than you saved - not to mention that it looks like now you face losing your home.

Go back to your lawyer and have him or her handle this properly.

Good luck!

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Answered on 9/10/99, 9:44 am


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