Lawyer cause foreclosure?

[therealdill]

undefinedWhat is the name of your state? AL

Sorry but this is a long post so here goes. My spouse and I filed a Chapter 13. At the time of filing we were 14 months behind on mortgage. The bankruptcy judge gave the mortgage company the right to foreclose. My attorney then contacted the attorney for mortgage company, who told him that mortgage company would work with us on what he called a "workout" and gave my attorney the number to call at the mortgage company. My attorney then called the mortgage company and explained the situation to them and they told him they would send us the information to fill out and for him to get it back to them ASAP. We received the paperwork from the mortgage company, filled it out, gathered the requested documents and delivered them to our attorney's office for him to forward to the mortgage company. In the information sent to us by the mortgage company they told us the process could take several weeks while being reviewed by the mitigation department so I thought everything was on a roll. During this time we received a confirmation order on our chapter 13 that stated that our mortgage was to be paid outside the plan and the arrearage to be paid through our chapter 13 plan. I took this as good news but obviously I was wrong. I have recently been served with a summons and complaint filed by the attorney for the mortgage company seeking possession of our property. I immediately called my attorney's office and the secretary pulled our file but couldn't find anything to show where they had sent in our paperwork to the mortgage company to try to do a workout plan (no fax coversheet, no letter, etc.). She was going to check with the attorney and call me back. This has been almost a week ago, but no response from the attorney or his secretary. The receptionist now tells me that my attorney's secretary in on another line or away from her desk and the attorney is always in court or with someone. They never call me back. What should I do? I think they messed up and are avoiding me. Should I talk to an attorney about possible malpractice suit or file a complaint with our state bar, or both? Any advice would be greatly appreciated.

 

[stephenk]

make an appointment to meet with your attorney. forget about phone calls. see him in person.

 

[LossMit]

LossMit

You cant expect a BK attorney to know how to file your financials for a work out. Plus there are 5 lenders who only except work outs, the rest will do a modification, this meens payments made go towards the principal balance, a work out requires you to pay large down towards your delinquency, a mod does not require this. Plus in some cases your interest rate could be droped. An attorney does not no the criteria that lenders follow regarding your financails, to except a mod, or a work out. The lenders who dont do modifications are as follow's,
AMC
OPTION ONE
FAIRBANKS
HOME EQ
HOMECOMINGS
Feel free to email me @ [email protected]

 

[LossMit]

all states,

 

[therealdill]

Workout

Alabama

Lossmit, maybe you didn't understand what I was saying? My lawyer had me to complete all the paperwork and bring it to his office so that he could send it in for me on his letterhead, explaining our bankruptcy situation etc. I gathered all the documentation and filled out all the requested paperwork and then delivered it to my attorney, who in turn failed to send it into the mortgage company. I am quite capable of mailing a packet, he just wanted to do it for us, thinking that maybe it would get a quicker response or be taken more seriously if it came from our attorney's office as opposed to us sending it in ourselves. My questions is how liable is he for his oversight? I know that the last thing a mortgage company actually wants to do is take someone's house, they would rather work out a solution if possible and I believe that we would have had a good chance at getting something worked out, be it by changing the terms of our mortgage, or our payments, etc.