Legal Question in Real Estate Law in Utah
foreclosure/chapter 13 May 16th deadline HELP
I lost my hob several months ago and had to file chapter 13 April 7, 2003. I am six months behind on my mortgage payment and if we don't pay May's payment by the 15th come the 16th foreclosure proceedings will begin. Even though I have filed chapter 13 can they still foreclose. Also need to know if it is legal to fire and rehire my attorney or get another one before our May 16th meeting of the creditors. I was hoping that it would buy more time. Please Help. Any suggestions or ideas would be greatly appreciated.
2 Answers from Attorneys
Re: foreclosure/chapter 13 May 16th deadline HELP
The foreclosure cannot proceed while in bankruptcy without an order from the court. If you do not make your payment, or other payment arrangements, the mortgage holder can request the court to allow them to continue foreclosure.
You can fire your attorney at any time, for any reason. It is up to the attorney to accept rehire.
Re: foreclosure/chapter 13 May 16th deadline HELP
Hello,
Yes, the lender can still foreclose, but not necessarily beginning on the date you state. You have a number of legal issues involved and some complexity and the information you've given isn't sufficient to make a good analysis and recommendation for your situation. However, the chapter 13 should have postponed any pending foreclosure proceedings, although the bankruptcy will not necessarily do away with a foreclosure.
Before you fire your attorney or do anything more you should consult with him/her to learn what they can tell you about your particular situation. He/she should be able to give you specific information about the foreclosure proceeding as it relates to your Chapter 13 and should be able to give you options.
Mel Larew
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