2003 retired w/2 income properties almost paid for. Filed a 1983 action (long story) against the city. THe criminal and civil case caused me to go from set to swimming in $225,000 in mortgage debt. Income is decent and can be counted on. Disabled in 2005. I have been fighting with the VA for 4 years. I am approved for a NSC pension, however they can’t get on the same sheet of music. Forced to file Chapter 13 in 2010. Attorney is incompitent. Without consultation worked out a strip down and mortgage modification, however with the condition that I refinance both mortgages in 18 months. Both properties are underwater. Now the court says iI can not fulfill the terms and is getting dismissed. I do not know what he (the attorney is thinking) and will not return any of my e-mails andor calls. I am stuck.
As stated, I am now looking at a Chapter 13 dismissal. My attorney just filed a motion to modify, however I am in violation of the cram down and mopdification he arranged with out any consult from me. He is basing his arguement that I am due an award (lump sum) and a monitary dollar monthly payment from the VA. Even if and when that occurs, I can not refinance either mortgage. I am radio active. What individual thinks that after 18 months of Chapter 13 you can refinance 2 mortgages underwater??? I want to convert to Chapter 7 and deal with the mortgage companies after the fact. He refuses to do so. Is this a fee related situation? I appreciate your comments.”
You don’t need me, you need a second opinion for a local bankruptcy attorney about your situation.
It might just be the thing to consider is to let both properties go back to the bank and convert your case but only a local bankruptcy attorney, or your attorney can advise you on that.
Please post your responses and follow-up messages to me on this in the comments section below.