QUESTION
Who can help me to get a court order to continue our modification?
Asked on Nov 24th, 2013 on Bankruptcy - Idaho
More details to this question:
What can I do to get a court order to continue our loan modification? Or Who can do it? Our attorney will not help us. We need help tomorrow.
7 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Not sure what the problem is so difficult to give assistance, but your counsel should be assisting you.
Answered on Nov 27th, 2013 at 8:39 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
at
Orantes Law Firm
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If what you want is to continue talking with the bank, all you need is an authorization from the attorney for the bank to speak with you directly. The banks usually have form authorizations they will fax you for signature by the attorney and you then just fax it back to the bank. If you already have a loan modification or trial loan modification and the bank wants a court order "approving" it, you do need to file a motion.
Answered on Nov 27th, 2013 at 12:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Generally that is up to you and the bank, by agreement.
Answered on Nov 27th, 2013 at 12:46 PM
A loan modification isn't something you have a right to obtain. It is up to the lender to decide whether or not you qualify for the programs they may offer. Participation in loan modification is a completely voluntary thing for a lender to do. Without further information, it sounds like you may be out of luck.
Answered on Nov 27th, 2013 at 9:28 AM
It is unclear as to why you need a Court date to continue your modification. A Court date for what?
Answered on Nov 27th, 2013 at 8:57 AM
1 Award
You do not need a court order to continue a loan modification. Sometimes, when you are in a bankruptcy, the home lender will require a letter from your attorney authorization them to discuss modification with you. This is probably what you need. If so, just take the lender's fax number, your loan number and go to your attorney's office and wait there until he faxes the letter. If the bank has approved the loan modification and you are in a chapter 13, then your attorney needs to file a motion with the court to have the modification approved. Make sure you have the draft of the loan modification before asking your attorney to do this as he can not file the motion without it.
Answered on Nov 27th, 2013 at 8:43 AM
A loan modification is generally a mutual voluntary agreement between two parties. A court will not enter an order forcing parties into a modification. However, depending on your circumstances and whether you've already filed bankruptcy you may have options.
Answered on Nov 26th, 2013 at 12:02 PM