Supporting, Informing & Connecting People in Foreclosure

What Happens in a Chapter 13??? (My lawer blows chunks!)

Sorry to be a burden on the group....I just have a quick question I hope someone can answer.

Long story short, my H and I are filing Ch.13 to restructure our debt and stop the foreclosure and yadda yadda yadda.... So our lawyer is the biggest idiot ever to walk the earth and I'm feeling like I'm going up sh*t creek without a paddle... He didn't file a reply to a summons I had, now I've got a judgement against me which means they start garnishing my wages in the next 10 days--Needless to say I'm a *little* irritated since I gave him the paperwork back in *December* so all this could have been avoided...

Anyways, we're filed and will meet with the Trustee in the next few weeks. In the meantime, what happens with my mortgage company??? They've called a couple times in the last few months but I ignore them and they don't leave a message...I told the lawyer a while ago that I'm beyond *stressed out* and tried dealing with them to do a MOD late last year when we first got behind on the mortgage--but they were like trying to deal with savages--nasty, mean, unwilling to negotiate...it was a nightmare. So I told the lawyer I don't want to deal with them anymore and that he needs to handle the loan MOD and I'll just sign whatever I have to...you know, make him *do* his job!

But at this point I don't see much getting done and a**face, as I call him, doesn't return phone calls or emails. I waited 3 weeks for a response to my question "are we filed yet or not"...and he only replied when I emailed him a short and sweet email using the word "ethics" in it (I heard it's lawyer-speak for 'move your a** or I'll see you disbarred!'lol). So I don't know if I'm supposed to "talk" to the mortgage company if they call me or if I ignore them or what???

Anyone have any idea how I'm supposed to act now that M&T actually *wants* to talk to me???

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Permalink Reply by saving my home in floridah on July 18, 2012 at 10:52pm

you are not a burden. we all have to help each other. please let us all know what state you are in?

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Permalink Reply by JulesBunnie on July 19, 2012 at 8:34am

I'm in NY state

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Permalink Reply by jersey girl on July 19, 2012 at 10:31am

Yike.

I would immediately try to get a new lawyer. The new lawyer knows how to get rid of the bad one, or enjoin in the case. Yes, you can fire a lawyer. The new lawyer might even be able to get some of your money back as well.

Personally? They want to talk to you now? I personally wouldn't talk to them. They know you have counsel, and should be talking to him. It makes me think something is up. In fact it's a HUGE red flag for me. All communication should be in writing. And don't sign ANYTHING!!!! without competent counsel approving it first.

Anyone else?!! Also, is your lawyer a BK lawyer, or a "general" lawyer?

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Permalink Reply by JulesBunnie on July 19, 2012 at 12:24pm

Thanks for the reply jersey girl... My 'attorney' if you can call him that, specializes in BK's only. He doesn't do other areas of law. He supposedly has experience with loan mods and refi's as well.

It's only after we were almost through the process that I saw he had a lousy rating with the BBB. I think we've got a lemon :( The sad thing is I saw several lawyers before this one and they were even worse if you can believe it! One said we weren't deep enough in foreclosure to help! Maybe when the sheriff breaks down my door and kicks us out that would be time?! Grrrrr!

I've been avoiding M&T and am not talking to them. I figure then can have their say at the meeting of creditors if they want. Otherwise they can wait til idiot gets our loan mod papers to them. I know M&T is in all kinds of shady dealings with the robo-signings and whatnot...and they're pressing everyone to refi, but when I was *trying* to pay my mortgage they refused to accept payment--and kept playing that game until we got the foreclosure papers. I'm sure they're up to no good as usual so I'll just let the BK handle it--as long as the lawyer is actually taking care of it!

He probably won't even show up for the meeting of creditors... Someone at work went to BK recently and there was an old lady ahead of them whose lawyer didn't show--I said it was probably mine too :(

I've got a lawyer on backup who could enjoin the case (ty for that word too :) but my husband is insistent that this guy is going to take care of everything--Me on the other hand, I'm not so sure...:(

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Permalink Reply by saving my home in floridah on July 19, 2012 at 12:30pm

just like in the medical field you have good MD;s and not so goos samw with law? and....what kind of experience does he have with modifications. Please be careful. there is a lawyer in flirda who also does modifications. when the homeowner retains him as with all lawyers. well the homeowners didnt know they sign a notice that said if this lawyer obtained a modification for them they would own the lawyer 40% of the modification amount. They were able to get 100k princible reduction. now they owed the lawyer 40k. they did tak the lawyer to florida court but the lawyer won of course because the judge claimed the homeowner signed the contract. Just wanted to give you a heads up about what you signed in the retainer. Another lawyer may give your case a new prespective