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Forebearance Agreement Error/Filing Bankruptcy?

About four years ago we fell behind in our mortgage payments.  As our financial situation stabilized we made an agreement with our mortgage company to make payments every two weeks for three months to catch up, and then they would put the remaining payments at the end of the mortgage.  Last spring (2007) we went to refinance our mortgage through another company and our mortgage company reported that we were 19 payments behind and owed over $95,000, yet our monthly statements showed us owing around $76,000.  After I contacted them, they said we neglected to sign the forebearance agreement we were approved for.  I asked what this was, having no idea, and when their records showed we were notified of any of this.  They stated we were not notifed.  A month later we received foreclosure papers and have since hired an attorney.  Our debt to this mortgage company is now over $100,000 because they are charging us $145 per day in interest, besides many additional other fees.  My questions are as follows:  Are we better off going through a credit counseling service to negotiate with the mortgage company.  They have refused to speak to us about any type of negotiating and have been consistently rude and ignorant, blatantly telling us to "get out" and give them the house.  Should we just file bankruptcy?  And should we be making our regular payments to the mortgage company as if none of this never happened?  We have not made a payment in over a year on the advice our attorney.

Any help you can offer would be appreciated.  Thank you in advance.

 


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David Reed is WalletPop's Mortgage Expert 

THIS IS NOT LEGAL ADVICE BUT AN OPINION

Personally, I think this is way above anything a credit counseling agency can handle and I know I'm not an attorney (is this advice coming from a bankrtupcy attorney or a real estate attorney?  You need both I think) but I would never counsel someone not to pay their mortgage.  My guess is this is coming from your bankruptcy attorney.

You can prove you were working in good faith when you made your payments every other week and I would imagine that would hold some water with a BK trustee.

It depends on what you want to do.  If you want to keep the house, you may consider a bankruptcy and paying off the mortgage lender via a Chapter 13.  The BK trustee should help determine this amount.

If you don't want to keep the house and have some equity, maybe you can simply sell.

 

you need to contact an attorney

Posted 2008-08-01T19:58:38Z
llrmax was invited by Yedda to answer this question.

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