motion to lift stay requested from 2nd lien holder

[texas69lady]

We filed chapter 13 in August and Trustee has been paying our mortgage payment which was included, but has not paid our second lien to previous owner who gave us the house. They started paying them in January of this year. We were behind a couple payments before garnishment started. But the lawyer said just send in 50.00 payments per month to catch up. Now that the 2nd lien person filed lift of stay lawyer said come current with the payments because they think they want their house back. First the trustee had enough money to make payments since September and they only started in Jan. Next I forgot to mention we were only less than 30 days late when we filed the 2nd lien into plan. BUT she got a lawyer and it went from 1 month behind to the title company messed up the amount which is SUPPOSE to be double we have been paying for 15 months now. We had no idea the payment was wrong because the title company gave us these papers to sign with the wrong amount. So to make a long story short. We included 2nd lien for one payment for ONE month and got slammed with over a 2000.00 bill about half is their lawyer fees! we now have to pay. THEN now they are saying we were 2 months behind and slammed another 1000.00 so if we can prove it was 1 month do we have to pay her lawyer fees in excess?
1st lawyer was going after people who drew up paper work for error... but he left that office now second lawyer in same place won't go after him. Can we do anything? One payment is now over 3000.00 dollars and Yes we have have all receipts to prove it was only one month.

[texas69lady]

we take receipts tomorrow can any one help?

We filed chapter 13 in August and Trustee has been paying our mortgage payment which was included, but has not paid our second lien to previous owner who gave us the house. They started paying them in January of this year. We were behind a couple payments before garnishment started. But the lawyer said just send in 50.00 payments per month to catch up. Now that the 2nd lien person filed lift of stay lawyer said come current with the payments because they think they want their house back. First the trustee had enough money to make payments since September and they only started in Jan. Next I forgot to mention we were only less than 30 days late when we filed the 2nd lien into plan. BUT she got a lawyer and it went from 1 month behind to the title company messed up the amount which is SUPPOSE to be double we have been paying for 15 months now. We had no idea the payment was wrong because the title company gave us these papers to sign with the wrong amount. So to make a long story short. We included 2nd lien for one payment for ONE month and got slammed with over a 2000.00 bill about half is their lawyer fees! we now have to pay. THEN now they are saying we were 2 months behind and slammed another 1000.00 so if we can prove it was 1 month do we have to pay her lawyer fees in excess?
1st lawyer was going after people who drew up paper work for error... but he left that office now second lawyer in same place won't go after him. Can we do anything? One payment is now over 3000.00 dollars and Yes we have have all receipts to prove it was only one month.

"Can anyone give me some advice on paying my creditors lawyer fees?"

[rrockinggramma]

I have no clue as to what will happen but I would take the receipts and all proof that you have to make your case. I suspect that the trustee will put the 2 involved parties in a room and make you work it out. But i could be wrong. ..

[HHM]

Don't take offense, but I think no one is answering because your description is very confusing and I am having a hard time figuring out what is going on.

When did you first go in Arrears on your 2nd mortgage, before or after filing chap 13?

According to the chapter 13 plan, who was going to be responsible for making the payment for the 2nd mortgage, you or the chapter 13 trustee?

[texas69lady]

We were not really behind on 2nd lien. We owed ONLY August but the lawyer's asst. said if you want to include them in the plan you need to be 1 month late. The Trustee is paying the mortgage and the 2nd lien in the plan. We filed the end of August the same month we were behind. I know it is so complicated. It's just our August payment we were putting into the plan with the 2nd lien went from a little over a hundred dollars to a claim now that is over 3200.00 dollars because an error on part because when we closed on our home almost 2 years ago, the lawyer who drew up the paper work on it put in the wrong payment amount and now we owe so much more. We had NO idea the amount was ever wrong and I was told it was not the buyers fault or the sellers fault but the lawyer who drew up the papers never checked the numbers twice.!! Now our garnished wage order went alot higher to pay for her lawyer fees. And our case was to be confirmed first week of March. Will that now be pushed back because her motion to lift stay??? That motion is set for the 19th of march. The difference in the monthly payments were around 70.00 for each month we paid our second lien so about 1200.00 is back pay we owe on that 2nd lien and the other 2000.00 is her lawyer fees we are tacked with. Anyway's I took all my money order receipts to the lawyer today who said they would see if they can fight some of the her lawyer fees.

[TiredandWeary]

We were not really behind on 2nd lien. We owed ONLY August but the lawyer's asst. said if you want to include them in the plan you need to be 1 month late. The Trustee is paying the mortgage and the 2nd lien in the plan. We filed the end of August the same month we were behind. I know it is so complicated. It's just our August payment we were putting into the plan with the 2nd lien went from a little over a hundred dollars to a claim now that is over 3200.00 dollars because an error on part because when we closed on our home almost 2 years ago, the lawyer who drew up the paper work on it put in the wrong payment amount and now we owe so much more. We had NO idea the amount was ever wrong and I was told it was not the buyers fault or the sellers fault but the lawyer who drew up the papers never checked the numbers twice.!! Now our garnished wage order went alot higher to pay for her lawyer fees. And our case was to be confirmed first week of March. Will that now be pushed back because her motion to lift stay??? That motion is set for the 19th of march. The difference in the monthly payments were around 70.00 for each month we paid our second lien so about 1200.00 is back pay we owe on that 2nd lien and the other 2000.00 is her lawyer fees we are tacked with. Anyway's I took all my money order receipts to the lawyer today who said they would see if they can fight some of the her lawyer fees.

Based on everything you have said so far, it seems to me that you have an excellent case to fight having to pay any attorney's fees over all of this. I am not a lawyer, but I can't imagine why they would penalize you if indeed it is agreed by all parties that the error lies with the original atty who calculated the incorrect loan payment amounts. I can see them wanting the backpay owed, despite the error not being your fault. But, I can't imagine a judge realistically penalizing you for someone else's errors. I would fight the attorney's fees and any other subsequent fees that may get tacked onto this case before all is said and done...that's my opinion.

[SANRA308]

I would think the amount owed should be figured into your chapter 13 plan since it was wrong and owed before you filled it should be treated just like the arrears and since the trustee is paying the second mortgage the amount including attourny fees if you have to pay them ,should come out of your payment to the trustee, your attourny should amend the plan to include the new amount owed.