Legal Question in Real Estate Law in Ohio

Loan Modification after bankruptcy

I became unemployed 1 month after closing on my home, I was unable to locate employment for alomst three years. I filed bankruptcy under the chapter 13 protection and by September of last year, decided to convert the 13 to a chapter 7. I became gainfully employed about two weeks later and have been ever since. I informed the mortgage company andthey said they would agree to a loan modification, however, they want me to pay over $8,000 in attorney fees they say they incurred duringthis time. I asked for a copy of the lawyer bill with detail of what could have cost that much, instead, they sent me an agreement to sign with an amount almost $1,000 less than they indicated on the phone. Also, my original monthly payment was $1,038 per month, with the past due amount, they want me to pay $1,750.00 for both current and past due, in addition to the $2,000 per month I have to pay for the attorney fees which had to be broken down into 4 payments of $2000 each. that;s a total of $3750.00 per month. My income is 55k per year and I cannot afford to pay that much to just keep my house. Is there anything I can do or any other way to negotiate? If they don't accept another payment plan, they'll sell the house and I won't owe them anything


Asked on 3/31/06, 2:26 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Loan Modification after bankruptcy

Dear Opressed Mortgagor, You have the right to have your real property negotiated for a loan modification by an Attorney familiar with "the ropes". Otherwise, your lender will make every effort to urge you to pay them each month more than you fairly owe, or can afford, with the intent of foreclosure. However, I can recommend someone coming in to negotiate a "short sale" which may be to your advantage. To learn more of these strategies, without obligation or cost, contact my Son, Brian Stark, at The Stark Group, in Cleveland, and explain your problem to him.

The Stark Group buys, sells, negotiates and obtains modifications of loans regularly, daily and will assist you, to avoid the total loss of all of your equity in a foreclosure.

Good luck!

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Answered on 3/31/06, 3:48 pm


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