Corash & Hollender, P.C.

Mortgage Modification Archives

Bankruptcy court cancels judgment liens to allow mortgage modification

They filed for bankruptcy with another attorney to stop collection efforts on three judgments entered against them. They expected that all judgments were taken care of.  Their original attorney never let them know that the judgment had become liens which would survive bankruptcy, or that there existed a separate procedure for eliminating the liens.

She inquired about mortgage modification since her husband passed away

She was referred by another attorney and also by a former client. Her husband recently passed away, and she discovered that he had not paid either their mortgage or their home equity loan for two years. Even worse, he had secretly taken $65,000 more on the home equity loan than she had been aware of.I concluded that a Chapter 13 bankruptcy would not be the best solution, because she would have to pay the arrears over only five years: something she could not afford to do. Instead, we recommended working on mortgage modifications, leaving the Chapter 13 case as a "safety net" should one or both mortgage modification efforts fail. 

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