Please refer to my situation and provide any legal advice or point me in the right direction for help. thanks.

bankruptcy trustee challenging mortgages is relatively new bred by mistakes made during the last real estate boom. Your attorney was most likely surprised by the trustees action. I have dealt with this situations like this with trustees in Boston several times for my clients. At $30,0000, it is likely the mortgage company will settle with the trustee. Consequently, you want the bank involved with deciding who you pay now so that they will report you current on your mortgage. Ancillary to that, you may want to reaffirm your mortgage. If you filed a homestead before bankruptcy, or if your house is worth less than $125,000, plus 60 mortgage payments, you may have options to possibly remove the mortgage that are too long to explain in a simple response. Bottom line, I think you have an extremely complex situation with significant cxx potential upside and it is worthwhile to hire an attorney with significant personal bankruptcy experience to review your situation and explore your options.

Your Bankruptcy attorney, if what you say is true, did not seem to have given you good advice. The Trustee will normally pursue all viable lawsuits that the debtor could have done, if the debtor was not in Bankruptcy. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced MA Bankruptcy attorney. Use 's Find a Lawyer tool to select a qualified attorney. Good luck.

I'm going to say, I'm not sure from what you're telling me that your Bankruptcy attorney isn't doing a good job for you. I can say that you don't feel comfortable with or confident in your attorney, and that is where your attorney has failed you. The escrow account is a very good course of action. They cannot just foreclose on you right now. You are still protected by the automatic stay. The trustee believes that your mortgage is defective. Although the trustee is not your attorney, they have the right to pursue this claim. I know a lot of people have trouble challenging their mortgages, and it's quite a headache. Now, you get to let the trustee do it. If the trustee is right, you may see a benefit from this. If the trustee is wrong, you will be able to catch up on your mortgage because you have been putting payments into the escrow account. For your bank to foreclose on you right now, first they would have to go to the bankruptcy court to ask to have the automatic stay lifted. At that time, you would be allowed to make a payment to bring your mortgage current. I know this is extremely stressful for you, and you're doing the right thing to double check because you want to err on the side of caution, but I think things sound okay right now. Hire an attorney you feel confident in.

The "free act and deed " case was overturned this week by the district court. Talk to you lawyer about that. If you do not want "that " attorney to represent you, you should get another one.