Chapter 13 question on informing

[flashoflight]

To do the refi, you must make every post-petition payment to the trustee and the post-petition mortgage payments on-time (<=29 days after the due date). So the late date on the mortgage is already 16 days past and you only have 29. If you miss one payment including the first trustee payment due 30 days from filing, no refi.

[arrgy]

Irony being ironic....so after I sent a copy of the BK filing to the attorney representing the mortgage company, I get an email back saying that they are no longer the attorney's representing them, I don't have to send them anything anymore. I asked who the new attorney's are, and they never responded.

[despritfreya]

Irony being ironic....so after I sent a copy of the BK filing to the attorney representing the mortgage company, I get an email back saying that they are no longer the attorney's representing them, I don't have to send them anything anymore. I asked who the new attorney's are, and they never responded.

Now that you are in bk, the creditor has probably shifted the file to whomever it uses for bk purposes. My guess is that within a short period of time the new attorney will file a Notice of Appearance in the Chapter 13. This is typically what happens.

Des.

[womanonfire]

The only debt I have is towards the house. I am in arrears for $30K, I have a steady job and can make both the payments on the house and the back payments to get caught up in 60 months. I have maybe $500 of credit card debt, and owe the IRS $1000. My cars are paid for, etc. So I expect 100% to go back to the house.
I just have a really really messed up foreclosure situation, and I will be in four different courts at the same time. The situation is so complex, that no attorney within 100 miles of me wanted to touch it. I had a FHA loan with my first servicer (WF), that I was a couple of payments late on 10 years ago. WF decided instead of taking my partial payment, they would foreclose on me, they thought I wouldn't fight back. But I did, WF never did the FHA stuff you are supposed to do before foreclosing, so I sat in foreclosure for 6 years. They processed loan modification paperwork, and never gave me an answer or a modification. Finally, the local court told WF in June 2015 if you don't do something with the case they will dismiss. WF never answered, the court asked again in September. WF told the court they were ready to proceed with foreclosure and they complied with all of the necessary conditions precedent to foreclose, I objected and we had a hearing in January 2016. The day before the hearing WF tells the court and me that the loan has a new servicer, who will be doing a loan mod. I have the hearing, and the judge tells me that the loan mod looks good and legal, etc.
What the court and I am NOT told by WF is that back in May 2015 WF sent the loan to the FHA to sell in a DASP (distressed asset sale). Problem with this is, WF lied to the Federal government, and broke two federal and one state law by doing it. WF told the FHA that I refused to participate in loss mitigation, this while I am in court with my county doing loss mitigation. It also violates Federal Law to send the loan to the DASP program while in loss mitigation, it is an actual federal statute. I sign the stupid modification agreement because I thought I was still in the FHA program and the only thing that changed was the servicer, but I was mislead, the loan was actually sold to a completely new trust and was no longer FHA insured. I am never told this, I am only told of a new servicer. I received no new paperwork showing a new owner, and nothing is filed with my local Deeds office for two years. Basically WF delayed foreclosure in order to receive the full insurance payout from the FHA.
It wasn't until Covid when I called the FHA about my situation that the lady said.."uh you don't have an FHA loan". She couldn't figure out what happened, the regional manager said he couldn't talk about it and hung up on me. So I go into foreclosure with the new and current owner, because I am not paying a mortgage to someone who may not be legally entitled to the property, that's crazy. Fast forward to the foreclosure trial, I am on a zoom call, the plaintiff reads his garbage, and then I put up my defense. The attorney for the plaintiff's jaw drops, and he runs to his computer, the judge does the same thing. To make a long story short, the plaintiff's attorney said this might all be true, but we didn't do this. This was done by the previous owner and we aren't responsible. I went down every legal avenue I could think of, and the judge basically told me that he didn't have enough experience to find for me, and that I needed to file an appeal, the appellate court would be the experts who would decide this. So that is what landed me in foreclosure and bankruptcy. The best part is that I knew nothing about the DASP sale, etc. until a year ago. It took a FOIA request to the FHA and almost a year before they finally gave me the info I needed.
So I have filed a lawsuit against WF for all sorts of fraud, etc. I have an appeal with the supreme court over the actual foreclosure, I have also filed a Federal Whistleblower lawsuit on behalf of the Federal Government, since WF lied to them and received a full payout and I am in BK court. At this point I can hold out for 60 months and pay all the back payments, etc. Worse comes to worse I might just sell the property, but not until my two lawsuits against WF go through.

Holy crap and I thought I had legal issues! I will be following because I am also about to go into a Chapter 13 and meeting with an attorney tomorrow while I file a different lawsuit against my new mortgage servicer.