Submitted by Craig Shapiro on Mon, 09/14/2020 - 8:21am
Bill and Kerry* had been discharged from their chapter 13 but for some reason their mortgage company had not abided by the confirmed plan, the bankruptcy Court's orders, and the discharge -- it refused to follow the law. It claimed that they owed thousands of dollars more than they actually owed. Bill and Kerry had made their payments for five years, expecting that the mortgage company would abide by the law. But it did not.
The mortgage company had reported many late payments on their credit report, all of which were false. The stress of seeing their credit ruined, seeing their fresh start eliminated, receiving mortgage statements claiming they were behind, and eventually being threatened with foreclosure caused Bill and Kerry to suffer through enormous stress and anxiety. They couldn't sleep. They didn't want to open their mail. They argued with each other constantly. One evening, unbeknownst to them, Bill and Kerry's high school-age daughter overheard them talking about money problems (all because the mortgage servicer refused to follow the law) and told them that if it would help them financially she would forego her plans to go to college. Understandably, hearing that from their daughter was devastating for Bill and Kerry. Another time, Bill was so stressed and tired of arguing that he slept on the couch overnight. Their daughter saw him there the next morning and was worried that her parents were going to divorce. Even though they knew the mortgage company was wrong, they started second-guessing themselves and thinking that maybe it was their fault. They knew they needed help.
Finally, Bill and Kerry contacted us and we were able to step in, standing between them and the mortgage servicer. Our paralegal staff gathered the information for me to evaluate, to confirm that it was the mortgage servicer's fault. I filed a lawsuit for them against the mortgage servicer. It took some time to get the mortgage servicer to the table, but we convinced the company to:
We were able to ensure that our clients' good name and fresh start were preserved and that the mortgage servicer was not permitted to flout the law at the expense of our clients.
We regularly see people who have been made victims by mortgage companies -- when mortgage companies do not follow the law during a bankruptcy, we can help.
*our clients' names have been changed to protect their privacy.
So, yes, the first step might always seem like the hardest; but it doesn’t have to be. To find out more, contact the Law Offices of John T. Orcutt. Read reviews from satisfied clients, then call +1-919-646-2654 to schedule a free student loan bankruptcy consultation at one of our locations in Raleigh, Durham, Fayetteville, Wilson, Greensboro, Garner or Wilmington.
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