Litigating amount of claim for mortgage in Chapter 13
Posted: Fri Oct 19, 2018 1:02 pm
I filed a Chapter 13 in which the mortgage holder believes the claim is much greater than we do. The problem is a switch of mortgage servicers combined with a loan modification that the successor servicer may not know about.
They haven't filed a claim yet, so I cannot yet do this in a claims objection as a contested matter. The confirmation hearing is coming up, and I'm wondering if I should start an adversary instead for accounting, declaratory judgment on the loan mod which was approved by the court in her deceased husband's prior Chapter 13 case, etc.
Does anyone have a case # where they've dealt with this issue, by adversary or motion that I can peruse on PACER please?
Also should I add any Regulation Z under Truth in Lending cause of action?
Law Offices of Steven B. Lever
Steven B. Lever
* Tel. (562) 436-5456 ext. 1
* Fax (562) 485-6886
* sblever@leverlaw.com
www.leverlaw.com
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I filed a Chapter 13 in which the mortgage holder believes the claim is much greater than we do. The problem is a switch of mortgage servicers combined with a loan modification
that the successor servicer may not know about.
They haven’t filed a claim yet, so I cannot yet do this in a claims objection as a contested matter. The confirmation hearing is coming up, and I’m wondering if I should
start an adversary instead for accounting, declaratory judgment on the loan mod which was approved by the court in her deceased husband’s prior Chapter 13 case, etc.
The post was migrated from Yahoo.