Hello again, I posted earlier regarding should I refile 13 or sell my home. I have been talking the last 2 days to a few different bankruptcy attorney to get their feel for what they have to offer me as far as help. In my previous bankruptcy that was dismissed, I had unpaid property taxes that were included in my plan. While I was in the bankruptcy the county did an in rem foreclosure on my property. My lawyer started an adversary proceeding. Make a long story short the county had to resell the property back to me for the unpaid taxes plus a $1000 buyback price. I was told by my lawyer that the house came back to me free and clear because the mortgage company didn't protect their interest. He told me there was a precedence set in some case her in upstate NY. Well I am having a hard time believing anything he said. Seeing that the mortgage company started the foreclosure again since I was dismissed for missed payments. I honestly believe in my gut when I asked him to find out if I could add the payments on to the plan. I was hoping to get a modification but that didn't happen because he just blew me off never returned my phone calls in the 3 weeks prior to dismissal that he actually wanted me out of bankruptcy. I think that he knew the house didn't come back free and clear, but didn't want to tell me he was wrong. Yes I do have a new deed with my name on it but that's just a piece of paper. I have been getting different opinions on whether some doctrine of merger applies to my case. I really do not know at this point who is right. I was told to call my previous lawyer and ask him what case set precedence here in NY that made him believe it was free and clear. Then maybe I could have something to stop the foreclosure. I have done this but he still won't return my phone calls. I requested 2 weeks ago to get a phone call back regarding what the status of my house was seeing I was dismissed and no longer under bankruptcy protection. Of course he didn't return the calls. Is there anyway to get my stuff from this lawyer, like the motions to show cause, the adversary proceedings, the case that he claimed set precedence. I really don't want and can't spend more money to fight a losing battle if it isn't promising. I have already spent almost $9000 with my previous lawyer and have fought hard battles already, honestly I feel no better off than when in Jan 2006 when I filed the first time. Any suggestions?
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