QUESTION
Can a bankruptcy judge require bank to modify mortgage in a chapter 13?
Asked on Jun 27th, 2011 on Bankruptcy - Georgia
More details to this question:
Can a Judge require bank to modify mortgage loan in a foreclosure chapter 13? Can judge dismiss foreclosure added attorney fees and late fees and only pay back the mortgage arrears in a chapter 13?
3 ANSWERS
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Bankruptcy will not modify a mortgage loan. However, arrears for payments, attorney fees and late fees can be paid in a chapter 13 plan.
Answered on Jun 30th, 2011 at 11:06 AM
Bankruptcy Attorney serving Herndon, VA
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Maureen O'Malley
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Doubt it. A 2d lien can be stripped in a Ch. 13 under certain circumstances, but so far nothing requires judges to force modifications.
Answered on Jun 30th, 2011 at 9:41 AM
Glen Edward Ashman
As a general rule, a Judge cannot force a modification. You may qualify for one nonetheless under non-bankruptcy law. Attorneys fees and late fees are NOT excused.
Answered on Jun 29th, 2011 at 9:47 AM