By Christopher C. Carr, Esq., Chester County Bankruptcy Lawyer Tel: 610-380-7969 Email: email@example.com contact-form][contact-field label='Name' type='name' required='1'/][contact-field label='Email' type='email' required='1'/][contact-field label='Website' type='url'/][contact-field label='Comment' type='textarea' required='1'/][/contact-form] ASSET PROTECTION AND HOME RESCUE USING USING A CHAPTER 13 BANKRUPTCY MORTGAGE MODIFICATION MEDIATION PROGRAM . I am admitted to practice in the Middle District of Pennsylvania, which recently instituted a CHAPTER 13 BANKRUPTCY MORTGAGE MODIFICATION MEDIATION PROGRAM. These court sanctioned programs (not available in all jurisdictions) have been demonstrated to work where HAMP does not. Why? Because, under Federal Law, if a bankruptcy judge orders parties to be referred to mediation, the parties are legally bound to mediate in good faith. This legal duty to act in good faith does not exist in many state courts, including Pennsylvania. This means that in state court, a mortgage company doesn’t have to justify denying your modification, and it can lie about not getting proper documentation (when it did) or your failing the results of its underwriting analysis (when you actually qualify). Underwriters for the loan servicers are the ones who actually decide whether or not to grant a modification to a customer. Outside of bankruptcy, underwriters routinely say, “No,” no reason is or needs be given. The truth is that mortgage companies do not want to modify your mortgage. They are in the business of making mortgages not remaking them. In bankruptcy court, in contrast to state court, “good faith” requires the mortgage servicer to provide a bona fide reason to deny a mortgage modification, and in reality, they can almost never come up with an honest reason to turn down a homeowner. Thus, they will, if begrudgingly, say, “Yes” for fear of sanctions. Can a mortgage servicer really be sanctioned for denying a mortgage mod? Sure thing and they can be jaw droppers! For example, recently, in Florida (another state with bankruptcy mediation), Homeward Residential, a national mortgage servicing company, failed to act in good faith during the mediation process. It was ordered by a local bankruptcy judge to pay more than $18,000 in punitive damages, sanctions and debtor’s attorney fees virtually immediately for failing to act in good faith. See Sanctions Order against Homeward Residential! Furthermore, these programs unlike HAMP generally do not have an income cutoff component so they can be used by higher income families to protect their assets using bankruptcy. There is no “Means” test for a 13. And contrary to popular belief you don’t have to be bankrupt (penniless) to file a chapter 13 bankruptcy…you just have to meet certain limitations on maximum secured and unsecured debt. So, stop begging your mortgage servicer for a loan modification, only to get turned down. If you live within the confines of the MDPA on call me at 610-380-7969 for a FREE consultation me and ask about the Chapter 13 Mortgage Modification Mediation Program instead.
Law Offices of Christopher C. Carr, MBA, P.C., is a quality bankruptcy and debt relief practice, located in Valley Township, west of Coatesville, Pennsylvania, where Attorney Christopher Carr, a Chester County bankruptcy attorney, who has over 30 years if diversified ;egal experience, concentrates on serving the residents of and businesses located within Western Chester County and Eastern Lancaster County, Pennsylvania, including the communities in and around Atglen, Bird in Hand, Caln, Christiana, Coatesville, Downingtown, Eagle, Exton, Fallowfield Gap, Honeybrook, Lancaster, Lincoln University, Modena, New Holland, Parkesburg, Paradise, Ronks, Sadsbury, Thorndale, Valley Township, Wagontown & West Chester, Pennsylvania. If you reside or do business in the area and need assistance with a legal issue, please call Mr. Carr at (610)380-7969 or write him at firstname.lastname@example.org today!
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