Filed bk in 04 - discharged recently. initially we signed a reaffirmation on mortgage, i made payment through online banking, mortgage company refused payment and did not contact me until it was too late. Mortgage co filed some fancy court thing. i contacted the lawyer, told him that we didn't wish to pay the excessive interest & lawyer fees that the mortgage co tacked on and we would like to reinclude house in bk. lawyer said that it wasn't necessary, that the court thing that mortgage co filed was for it to be reincluded and we would be all set. i asked him how much time they would give us to move - he said 3-6 weeks. i asked if we would have to go to this hearing - he said write him a letter stating that we wanted the house back in bk and he would go. i thought everything was fine. now after we moved we are being foreclosed on. i called mortgage co and they said that the motion they filed was to be able to proceed with foreclosure. so basically, our lawyer screwed us. it's not a HUGE deal to me. i mean our credit is already messed up because of bk but i'm just worried we're going to get stuck paying the amount that the sale of the house is short from the mortgage. hope this makes sense and sorry for it being so long. thanks for any advice. btw nothing in writing from the lawyer so i doubt there's a lawsuit there unfortunately.
I am assuming you filed a chapter 13 to protect the house. If I am not mistaken if the chapter 13 has somewhat been dismissed because you missed payments you may be eligible to file a chapter 7 now. Check it out!
I would still talk to another lawyer and ask. If anything contact the court clerk and ask how to reopen the bankruptcy.
