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    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
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    #1

    Apr 15, 2009, 05:42 PM
    Chapter 13 and Loan Modification
    Under the new law our president passed in March of 09 if you are in Chapter 13 to keep your house from being forclosed on who do you go to to get the modification I was under the impression I go to my attorney that filed the 13 for me that I have already paid $3500.00 to. Or do I go to my Mortgage company? :confused:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 15, 2009, 07:05 PM

    The law is for new chapter 13 filings, the attorney can ask the judge, and/or the judge can rule if he believes it will allow you to make the payments,

    If you can, according to your budget and numbers you give the court, make the payments without a modification, none will be given.

    It has to be proven to the court that the only way payment is possible or that the loan is too excessive.

    It sounds like you are already in your chapter 13, and a payment plan is already set up. I do not beleve you can go back and get this modification.

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