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In a HUGE mess and need some insight

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    In a HUGE mess and need some insight

    I have problems lol and will be seeking the advice of an attorney but I want to make sure that I'm asking the right questions and that I don't miss anything.

    I'm in a lawsuit with my mortgage servicer who filed bankruptcy themselves. So I'm an unsecured consumer borrower/creditor in their bk case. Looks as if my claims are being discharged however I do think I have solid claims against the lender which is the government basically. I did visit one attorney early this year and have lost all my notes but he think I qualified for a chapter 7 even with equity in the house. It dawned on me after the fact that I had interest in other property that I forgot to mention and he said because of such, I would have to file a chapter 13 to attempt to keep both properties. What I'm not clear on is how I can do that and avoid selling if I have a lot of equity.

    On to the issues:
    My home

    I quit paying on my mortgage when I had enough of the mortgage service's BS. I lost it and basically told them where to shove it. I have not made payments in a year and they sent a foreclosure notice but haven't foreclosed and I believe that's because I have defenses in my current lawsuit including breach of the note and deed, lots of respa violations, fraud, and personal injury claims to name a few. The appointed consumer borrower attorney in the case told me that at most, I might get my account corrected but don't expect to get any damages from them. My loan was sold as part of debtors plan but the new servicer has not begun servicing the loan yet. As a side note, I had an attorney that handled my case and he quit on me. He really screwed me over but I'm not going to file a malpractice lawsuit, I'm sick of lawsuits. The system really is pay to play and if you're broke, your screwed. I don't want a modification at this time because I believe that I may be in a situation where the lender/servicer including the new owner, may not be able to foreclose and avoid a wrongful foreclosure claim. I really need an attorney but I can't afford one. So that is what is going on with my home. I have maybe $75,000 worth of equity in the house. Maybe. I really want to keep it but not sure if that is even in my best interest at this point. I filed a motion to determine if the material breaches of the note and deed cancelled the deed but the Judge hasn't ruled on it yet because of the automatic stay of the servicer's bk filing. Interestingly enough, the consumer attorney told me the stay was lifted now that the plan was confirmed. That doesn't make sense.

    The other home
    My dad left my brother and myself his home but the IRS has a lien on it the area of $13,000. It's a small home, approximately 650 sq. feet and the FMV is around $80,000. My Dad gave me 30% ownership in one will and 50% in another. He was a funny dude and was mad at me about something all the time! Anyway, my elderly mother has been living in the house rent free, for over 10 years. We've more or less given her the property but with no official transfer. My son lives with my mother to help out but he has a mental disorder so he can't work. Many of my problems might be solved if I could move them in with me and sell the house. She refuses even though she really can't afford the property taxes on it.

    Our debt
    We have about $97,000 in debt right now including about $24,000 to the IRS. That is going to go up another $18,000 because we were unable to pay taxes because of all other debt. It's really horrible; we owned a business that we thought was operating consistently at a loss but the IRS said it wasn't after we were audited. My husband and I are idiots, had no idea how to read financials and run a business. It was started without a plan. I did all the sales and marketing for the business and when my attorney left, I left the business to pursue the lawsuit. Sales really declined, and we sold it to one of our employees so that we didn't screw over the people we had deposits from. We now have business debt we owe. I know we can't get rid of that after selling business at a loss. My husband and very recently got jobs and we're about $700 short in the amount needed to pay our bills. And that is without the mortgage. If we add that back in, we're looking at about $1800 a month short.

    I really don't know what to do. Before the servicer filed for bk, they made a settlement offer that would have made a difference but I turned it down so I know my claims must have been valid. I guess I did the right thing because apparently, even if I would have accepted the offer, they have not held up to the settlements they made with other creditors in the case.

    My husband is not on the mortgage or deed. He could file chapter 7 with no issue but if he files, then I how will that effect a future filing the marriage exemption I might claim?

    Has anyone ever seen a Chapter 13 whereby the debtor could hold on to both properties? How does that work?

    If you can think of any questions to ask an attorney my case, please let me know! Thanks you.

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