How can I get a bankruptcy court approval on a mortgage modification? 14 Answers as of June 11, 2013

My ex filed chapter 13 on our house and I have to get the modification approved by the courts. Her attorney is no help. The bank has approved it and I am making the payments now and they want the courts okay to finalize the rate.

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Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Yes, but you paid or are paying your attorney. Demand that they help or fire them and hire a new attorney.
Answer Applies to: Arizona
Replied: 6/11/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You have to file a motion to modify the mortgage and the judge has to approve it.
Answer Applies to: New York
Replied: 6/11/2013
Joshua E. McNally, P.A. | Joshua E. McNally
I would strongly recommend getting an attorney's assistance. Your house is too important to not do so. As for the prior attorney I would seek an explanation for the refusal to help. The fees your former spouse paid may have included such work.
Answer Applies to: Florida
Replied: 6/11/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Procedure varies from Court to Court. You need to get the matter before the JJudge. Sometimes it is motion, sometimes Notice of Presentment, sometimes his chapter 13 trustee can it done.
Answer Applies to: New York
Replied: 6/11/2013
Moffa & Bonacquisti, P.A.
Moffa & Bonacquisti, P.A. | John A. Moffa
Her attorney represents her, not you. You should have your own attorney represent you.
Answer Applies to: Florida
Replied: 6/11/2013
    Law Office of Sean P Fleming
    Law Office of Sean P Fleming | Sean P Fleming
    Either her and/or her attorney need to seek approval from the bankruptcy court in order to finalize the modification. If her attorney will not do it, she can do it herself.
    Answer Applies to: Illinois
    Replied: 6/11/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Bankruptcy attorneys aren't going to help unless they get paid to perform additional work. We can't afford to work for free any more than you can. Obtaining court approval for a loan modification is additional work and if you want this work performed, someone will have to pay an attorney to provide this valuable service.
    Answer Applies to: Nevada
    Replied: 6/11/2013
    Law Office of Thomas C. Phipps | Thomas C Phipps
    I would send a letter, along with documentation from the mortgage company, to her trustee. He or she may be able to help with the modification. If it changes your wife's income and expense figures, her plan will probably have to be amended.
    Answer Applies to: Missouri
    Replied: 6/11/2013
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Change attorneys.
    Answer Applies to: Michigan
    Replied: 6/11/2013
    Aronoff & Linnell, PLLC | Erik C. Stein
    You have to file Motion for Approval of the Modification with the BK Court.
    Answer Applies to: Michigan
    Replied: 6/11/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    All you need to do is present a copy of the final loan modification documents to the Chapter 13 Trustee's office and request that the Trustee authorize the transaction. You don't need a court order.
    Answer Applies to: Oregon
    Replied: 6/11/2013
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Get the creditor to help or hire a lawyer to file it.
    Answer Applies to: South Carolina
    Replied: 6/11/2013
    Conner Law Offices
    Conner Law Offices | Melissa Conner
    You need to get your attorney to file a Motion to Approve Loan Modification pronto. Your Modification probably even states that you need to get the motion filed within a period of time. Expect to amend your schedules and your plan as well.
    Answer Applies to: Massachusetts
    Replied: 6/11/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Ouch.... you will have to get a lawyer to file a motion for court approval. Your ex's lawyer is not helping because you are not her client.
    Answer Applies to: California
    Replied: 6/11/2013
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