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Old 09-25-2007, 09:46 PM
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Join Date: Sep 2007
Posts: 2

Frustrated by Atty lack of action


What is the name of your state? OH
Following my divorce, I was unable to refinance my mortgage to get my ex off of the loan. He did not want the home, but was unwilling to sign his half over (understandably) until I had his name off of the loan. Fast forward to my decision to file CH 13, my ex then files CH 7 a month later. My ex retained the same atty I was using. The atty used the appraisal that I had paid for in ex's CH 7 without my permission or knowledge. The atty would not return my calls and that went on for a period of two months. I finally wrote a letter to the Trustee, which resulted in the atty finally returning my calls, but still not answering my questions. My CH 13 payments continued to go up even though my income actually went down. My atty simply said other people learn to budget, so should I. Fast forward again to the unfortunate death of my father in law, and the news of a coming inheritance. I decide I want the CH 13 dismissed when the money comes and I will pay off the secured debt. I see that my mortgage arrears have actually gone up $3,000 since I started the 13 was filed two and 1/2 yrs ago. I ask my atty to find out why, get me an itemized statement of the fees. Okay, he tells me (6 months ago). I have called repeatedly, keep getting the reply that they have no answers yet. Because my arrears have increased, the court has filed another motion to increase my payments, leaving me $100 left out of my paycheck. I have left frantic messages, polite messages, and assertive messages, all to no avail. I believe my atty may have engaged in a conflict of interest when he used my appraisal in my ex's case. I believe I am not being provided with even minimal communication or representation by my atty. Do I have any recourse here? If I contact the mortgage company myself, I will negate automatic stay. Once I dismiss the 13, I'm stuck with the incorrect arrears to pay. I don't know what to do to get the legal help I have paid for. Should I file a complaint? Any other suggestions?

Last edited by firemom31; 09-25-2007 at 09:49 PM. Reason: spelling
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Old 09-25-2007, 09:57 PM
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duplicate post
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