Can a bankruptcy judge require bank to modify mortgage in a chapter 13? 10 Answers as of June 30, 2011

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?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Bankruptcy will not modify a mortgage loan. However, arrears for payments, attorney fees and late fees can be paid in a chapter 13 plan.
Answer Applies to: California
Replied: 6/30/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
No On 6/28/2011 7:32 PM, Question From LawQA wrote: > A QUESTION HAS BEEN SENT TO YOU VIA A BANKRUPTCY WEBSITE ON THE LAW QA > NETWORK > > ID:24327 > Question: Can a bankruptcy judge require bank to modify mortgage in a > chapter 13? > Question Detail: 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? > > *********************************** > To answer this question, please just reply to this email. The original > content and subject should not be modified, otherwise your answer will > not be valid. GARY LANE Attorney at Law President Consumer Protection Assistance Coalition, Inc. (DE) A Not For Profit Legal Clinic 24 Spyrock
Answer Applies to: California
Replied: 6/30/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Doubt it. A 2d lien can be stripped in a Ch. 13 under certain circumstances, but so far nothing requires judges to force modifications.
Answer Applies to: Virginia
Replied: 6/30/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Cram down provisions are provided by the Code. You need to contact a local attorney about specifics.
Answer Applies to: Washington
Replied: 6/30/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
If it is a first lien mortgage on your home, no.
Answer Applies to: California
Replied: 6/29/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    No. A bankruptcy judge has no power to modify the terms of the mortgage on your primary residence. There have been three attempts in Congress over the past couple years to give bankruptcy courts this power, but so far these attempts have failed. Mortgage modification is voluntary and cannot be forced.
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    No, first mortgages cannot be modified by chapter 13. Second mortgages can be stripped. If you want to keep the home and you are behind on the first mortgage payments you will be required to pay back all arreats and start making the regular monthly payments through the plan.
    Answer Applies to: California
    Replied: 6/29/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No. If the claim is legitimate, the court can not reduce it. It can be evaluated to make sure it has only appropriate charges.
    Answer Applies to: California
    Replied: 6/29/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    No. Judges don't modify loans.
    Answer Applies to: California
    Replied: 6/29/2011
    Ashman Law Office
    Ashman Law Office | 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.
    Answer Applies to: Georgia
    Replied: 6/29/2011
Click to View More Answers: