The Law Offices of Neil Crane has been providing care, solutions and guidance on debt since 1983.  Call our office or submit a chat form today.

Can I Modify My Mortgage After My Divorce?

Yes, but only if you have full and documented authority to act on behalf of your ex-spouse. While Divorce Decrees often call for the transfer of marital homes to one spouse or the other, this does not separate the transferring spouse legally from the mortgage holder. That legal connection still continues with the bank, regardless of the Divorce Decree, meaning that the bank won’t adjust or address any mortgage problem without the consent and active participation of the ex-spouse – A condition that can be fatal to any efforts to speak with or modify your mortgage after your divorce.

To properly protect your future, obtain a fully documented Power of Attorney before the end of your divorce action. This will allow you complete authority to control the full interest of y our house and negotiate with your mortgage holder far into the future without any consent or involvement from your ex-spouse.   Read more about Divorce and Bankruptcy Proceedings

What is an Automatic Stay?

The automatic stay will put an immediate stop to:

Any court actions
Any phone calls or contact
Wage garnishment
Bank levy
Property repossession
Attachments
Foreclosure
Lawsuits and judgments against you

The filing of a case in Connecticut will immediately stop all collection efforts on legal action in any state or jurisdiction throughout the country.

Read more about the Bankruptcy process here

Do I have to pay the bank’s Foreclosure attorney’s fees and costs?

The short answer is yes, absolutely. All bank mortgages require the borrower to pay all costs and fees of collection. So you pay for the lawyers who are taking your home from you and your family. This includes interest, late fee’s, sheriff’s costs, inspections, appraisals, mailings, court fees and all types of other hidden fees and costs. Stop paying the bank’s attorney and get counsel that works for you.

What is a Foreclosure Factory?

They are large offices that specialize in processing thousands of foreclosures in CT each year through a bulk, streamlined process that focuses on moving foreclosures promptly based on profits and fees. These foreclosure firms moved cases in bulk with the least possible time and effort expended in an effort to increase profits and take your home. The two major mills in Connecticut are Hunt, Liebert, Jacobson, P. C. and Bendett and McHugh, P.C. These two multi-state foreclosure factories control the majority of all foreclosures in Connecticut.

What happens if I fall behind on my mortgage and I’ve already modified it?

Re-modification is a painful and difficult process for a number of reasons, and should be avoided at all costs. Seek professional assistance for legal alternatives available to avoid remodification. Fixing a mortgage modification through other alternatives is a much better choice than seeking to remodify, for a number of reasons:

1. Re-modification often involves a completely new modification application and an incredibly slow and laborious process even if you still have the same bank.

2. No bank likes to remodify a mortgage that they’ve already fixed once before.

3. Re-modification is an exceedingly slow process that creates large back balances and past due arrearages.

4. Mortgages change hands so often that re-modification often involves an entirely new bank or servicer.

Various state and federal laws protect defaulted mortgages and reinstate good modifications. We’ve fixed hundreds of broken Connecticut mortgage modifications.

Should I Pay on Any Second Mortgage if I’m not Paying on the First Mortgage?

There really is no advantage to paying on a second mortgage if you aren’t paying on the first mortgage. But you always need to be sure that you are saving the money you didn’t pay to the second mortgage or the first mortgage holder.

Read more about which mortgage to pay during Mortgage Modification.