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Posts: 4
Registered: ‎12-07-2008
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Attorney Screwed up Bankruptcy

I filed bankruptcy in May 1, 2007.  My lawyer supposedly reaffirmed my 1st and 2nd mortgage but it did not go through.  The reaffirmations are recorded in my bankruptcy paperwork as being done.  It did not get done and they want to blame me for giving them the wrong addresses to two of the biggest banks B.O.A. and Chase.  They said it is my fault and I would have to pay them to reopen it to have it done.  I sent a letter and then a certified letter to the main partner of the firm and he never replied. Through my bankruptcy, this firm kept losing my paperwork and I had to keep supplying them with copies and it even happened again at the hearing in front of the judge.  I also spoke to the two banks and asked if they received the reaffirmation requests and they both said no.  What are my options here and what should I do since this is not my fault.  I kept paying on both mortgages and have never missed a payment but my credit reports remain that both mortgages are still bankrupt.  My credit score remains at 672 and I am sure it would be over 700 by now if I had those 3 years of payments included.  Thank you for your opinion on this matter.

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Registered: ‎10-13-2009
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Re: Attorney Screwed up Bankruptcy


BruceR1956 wrote:

I filed bankruptcy in May 1, 2007.  My lawyer supposedly reaffirmed my 1st and 2nd mortgage but it did not go through.  The reaffirmations are recorded in my bankruptcy paperwork as being done.  It did not get done and they want to blame me for giving them the wrong addresses to two of the biggest banks B.O.A. and Chase.  They said it is my fault and I would have to pay them to reopen it to have it done.  I sent a letter and then a certified letter to the main partner of the firm and he never replied. Through my bankruptcy, this firm kept losing my paperwork and I had to keep supplying them with copies and it even happened again at the hearing in front of the judge.  I also spoke to the two banks and asked if they received the reaffirmation requests and they both said no.  What are my options here and what should I do since this is not my fault.  I kept paying on both mortgages and have never missed a payment but my credit reports remain that both mortgages are still bankrupt.  My credit score remains at 672 and I am sure it would be over 700 by now if I had those 3 years of payments included.  Thank you for your opinion on this matter.


I would definitely file a grievance against them with the State Bar Association.  Sending your lawyer a "Fix The Problem or I'll Complain to the Bar Association" letter is optional.

IAALBNYL
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Registered: ‎10-19-2010
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Re: Attorney Screwed up Bankruptcy

10/19/2010

I filed Ch 7 in April...I was discharged July 26, 2010. I informed my Attorney from day 1 that I wanted to reaffirm my mortgage debt. It is listed in the bankruptcy stating that client intends to keep home. The Attorney's office claimed my mortgage company never sent them the reaff. agreement. I kept calling the office and telling them to get on the ball with this. Finally, I called the Mortgage lender and they faxed me the agreement. The Attorney did not sign it until August 2010 (after the discharge date) So, I was trying to make  an online mortgage payment and could not. I called the Mortgage company and they stated my onlin access was blocked because the mortgage was NOT reaffirmed. After reviewing their records they saw that one was SCANNED in but not ACCEPTED because it was received after the case was closed.

 

After alot of research I found that the credit reports with the highest score all showed the MORTGAGE as being current. The other ones did not show CURRENT. I called my Attorney, told him what  the Mortgage Co. stated. So I told him I was reporting him to the Disciplinary Board unless he re-opened my case. He stated it would take alot of time and effort. I told him if he really had 25 yrs experience then he should have known when the Reaff. needed to be filed.

 

So...now he is petitioning the Judge to re-open the case to ALLOW the Re-aff to be filed!

 

The court told me I can do it on my own as well...you can write a letter stating you are representing yourself...another Attorney told me to title my letter PETITION TO REOPEN BANKRUPTCY and to make sure I had the case number listed and discharge date etc.

 

So by the end of OCT...my agreement should be on file. I guess I will see then if it affects my score. I have been current.

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Posts: 3,626
Registered: ‎10-13-2009
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Re: Attorney Screwed up Bankruptcy


mira01172003 wrote:

10/19/2010

I filed Ch 7 in April...I was discharged July 26, 2010. I informed my Attorney from day 1 that I wanted to reaffirm my mortgage debt. It is listed in the bankruptcy stating that client intends to keep home. The Attorney's office claimed my mortgage company never sent them the reaff. agreement. I kept calling the office and telling them to get on the ball with this. Finally, I called the Mortgage lender and they faxed me the agreement. The Attorney did not sign it until August 2010 (after the discharge date) So, I was trying to make  an online mortgage payment and could not. I called the Mortgage company and they stated my onlin access was blocked because the mortgage was NOT reaffirmed. After reviewing their records they saw that one was SCANNED in but not ACCEPTED because it was received after the case was closed.

 

After alot of research I found that the credit reports with the highest score all showed the MORTGAGE as being current. The other ones did not show CURRENT. I called my Attorney, told him what  the Mortgage Co. stated. So I told him I was reporting him to the Disciplinary Board unless he re-opened my case. He stated it would take alot of time and effort. I told him if he really had 25 yrs experience then he should have known when the Reaff. needed to be filed.

 

So...now he is petitioning the Judge to re-open the case to ALLOW the Re-aff to be filed!

 

The court told me I can do it on my own as well...you can write a letter stating you are representing yourself...another Attorney told me to title my letter PETITION TO REOPEN BANKRUPTCY and to make sure I had the case number listed and discharge date etc.

 

So by the end of OCT...my agreement should be on file. I guess I will see then if it affects my score. I have been current.


 

Yes, reopening a Ch. 7 is quite easy.  Sounds like your attorney was lame.

IAALBNYL
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Registered: ‎04-01-2007
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Re: Attorney Screwed up Bankruptcy

O6, what effects, if any, would there be on a credit report from re-opening a BK? Would it reset dates or anything?

 

Just curious, because I don't know how this works.

 

But I do hope the attorney is smacked, hard.

* Credit is a wonderful servant, but a terrible master. * Who's the boss --you or your credit?
FICO's: EQ 781 - TU 793 - EX 779 (from PSECU) - Done credit hunting; having fun with credit gardening. - EQ 590 on 5/14/2007
Senior Contributor
Posts: 3,626
Registered: ‎10-13-2009
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Re: Attorney Screwed up Bankruptcy


haulingthescoreup wrote:

O6, what effects, if any, would there be on a credit report from re-opening a BK? Would it reset dates or anything?

 

Just curious, because I don't know how this works.

 

But I do hope the attorney is smacked, hard.


I agree that the attorney should be smacked upside the head.  Although everybody makes mistakes, the proper response when you screw up is "Gee, I'm sorry, please forgive me.  Let me take care of that for you as soon as possible."

 

I am not sure about credit reporting issues, but I believe it should have no effect.  Reopening a Ch. 7 to correct errors is along the lines of nunc pro tunc and the decision, as corrected, would be given legal force from the time of the initial decision. 

IAALBNYL
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Posts: 4,470
Registered: ‎12-31-2008
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Re: Attorney Screwed up Bankruptcy


O6 wrote:  along the lines of nunc pro tunc

nunc pro tunc???  Just have to say - that has gotta be fun to say.  :smileyvery-happy:

 

Okay, back to the serious stuff!

Just puttin' syrup on something, don't make it pancakes.
Senior Contributor
Posts: 3,626
Registered: ‎10-13-2009
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Re: Attorney Screwed up Bankruptcy


beamMEup wrote:

O6 wrote:  along the lines of nunc pro tunc

nunc pro tunc???  Just have to say - that has gotta be fun to say.  :smileyvery-happy:

 

Okay, back to the serious stuff!


It's Latin for "Now for then." 

 

Or, in other words, ... "Ooops, I stepped on it!"   :smileyhappy:

IAALBNYL
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Posts: 1
Registered: ‎08-03-2013
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: Attorney Screwed up Bankruptcy and our life

Our attorney sent some one we didn't know to our court date. Then our chapter 13, he didn't include our house and now we are being forced out of our home. The same home invested our 401k and all the credit card that we file chapter 13 on.  And the same attorney is still making money from the chapter 13 payments. Doesn't return calls and moved his office without sending us a reminder.

Any advice on what we should do.?

 

After this chapter 13 attorney. We hired another attorney to fight for mortgage, she bailed out on us, after I dropped off our new mortgage package. She held onto it till it was too late. Now She wont even send back my file that I have asked for over 6 months.  I don't know what to do with her?

We must have really bad attorneys here in Missouri.

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