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Lawyer failed to mention house was going to foreclosure auction

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yumitaipan

Junior Member
I filed a Chap 13 bankruptcy in June 2009 in the state of Colorado, specifically to protect my house and avoid foreclosure. My Chap 13 plan was finalized, and I have been paying on my plan and mortgage ever since. In October I received paperwork from the bankruptcy trustee regarding one of my mortgages, and I contacted my lawyer to see what this meant. I left several messages over a few days with his office. He called back once, at 5:05pm, but when I immediately called back his office I discovered that all inbound calls go to voicemail after 5:00pm.

Yesterday, a real estate agent arrived at my house to ask about the auction scheduled for today. This was the first I knew about anything regarding an auction or that the mortgage had been removed from the Chap 13 plan and was back in foreclosure. At no time since October of 2009 did anyone from my attorney's office contact me to let me know what was pending in the bankruptcy court or that there was any chance of an auction pending.

After waiting 3 1/2 hours to hear back, I got a call from the lawyer yesterday afternoon basically saying "yeah, it was removed from the Chap 13 way back in Oct, so it's out of my hands and there's nothing I can do". I have made multiple calls today as well to figure out what is happening and what options are available and have yet to hear anything more from his office.

What are my options? Should I contact a malpractice attorney, another bankruptcy attorney, someone else? I appreciate any advice you can offer to help sort this out.

Thanks!
 


Dandy Don

Senior Member
For now contact another bankruptcy attorney to see if you have any other options. Were you implying that some type of payment from the bankruptcy trustee should have gone to the mortgage company or are you unable to make any type of payment to the mortgage company at all?

Are you sure that you never received any other legal notices about the bankruptcy from the mortgage company or from the county in your postal mail?
 

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