Legal Question in Bankruptcy in Wisconsin

I had a modification done on my mortgage because i was behind two months in payments. The modification has been awarded but i filed for bankruptcy AFTEr they approved modification. The agreement was to add the two months to the end of my 30 year term. However, they added four and did not tell me when the would "rollforward" the mortgage. I have never missed a payment since the two. Is this legal?


Asked on 3/18/11, 11:53 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Since the mortgage which you signed allows that bank to charge you for their attorney fees and all other expenses caused by a foreclosure or default in addition to property taxes, insurance, interest and principal, it is very common for my foreclosure clients to be shocked by the amount which the banks claim on their arrearages. Odds are fairly good that two extra payments at the end of your loan are probably justified on one as one of these allowed items. However, you are always free to hire an accountant to audit the bank's claim and challenge it, frequently at the stage of final payoff of the loan. Generally speaking, you are very lucky to have gotten a modification at all since the vast majority of people who I speak with have had their modification requests denied. These means that the foreclosure usually moves forward, leading to eventual loss of their homes unless they can file and pay off a chapter 13 reinstatement plan before the foreclosure becomes final. You therefore owe it to yourself to consult with an experienced bankruptcy lawyer. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are; however, always welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.

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Answered on 3/24/11, 5:52 am


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