Legal Question in Real Estate Law in Pennsylvania

I have a predatory mortage, I have been doing everything I can to get this fixed since 2006 and have tried modifications (income to high), refinances (upside down), short refinances (No bank would help us) and now we were talked into a chapter 13 by a lawyer who said it would fix the problem and it did not. I have an adjustable rate unafforadable, currently at 8.99% and a balloon payment due in 18 months I am looking for any advice that would help me keep my home


Asked on 1/05/12, 9:12 pm

1 Answer from Attorneys

Michael Duffy Duffy Law, LLC

If it was appropriate for you, a successful Chapter 13 filing should have helped with these issues. In any case:

How much equity do you have in your home? That would probably be the key question. I assume since you can't refinance you don't have much equity, which is the usual situation. Of course, the Chapter 13 would prevent you from utilizing many of those options anyway.

I would suggest looking into federal mortgage assistance. You might be able to get more affordable payments through a modification. Check out http://www.makinghomeaffordable.gov/. It sounds like you did already attempt to do a modification, however. It still might be worth talking to them again.

Again depending on your equity in the home, you might consider Chapter 7 bankruptcy. you still might be able to keep the home, if your equity meets the requirements and you can apply enough exemptions to it. You could also benefit from "bankruptcy planning", which can prepare your assets to best survive a Chapter 7 bankruptcy situation, and prepare you as well.

If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.

Regards,

Michael J. Duffy

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

1500 Market Street

12th Floor, East Tower

Philadelphia, Pennsylvania 19102

52 Berlin Rd.

Suite 3000

Cherry Hill, NJ 08034

[email protected]

Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.

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Answered on 1/06/12, 7:51 am


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