Home / Uncategorized / Local Court Approves Mortgage Modification Provisions for Chapter 13’s

Local Court Approves Mortgage Modification Provisions for Chapter 13’s

In a long awaited decision, Judge Opperman upheld the Mortgage Modification provisions introduced by Chapter 13 Trustee Thomas W. McDonald, Jr. earlier this year.

In the case In re Summers, Judge Opperman established the procedures through which a Chapter 13 Debtor could seek to modify the terms of their mortgage. The only provision that was not included in Trustee McDonald’s proposal was that of submitting documents to a “central portal.” The “central portal” was designed to eliminate the frustration of many home owners who fax and refax documents to mortgage companies – only to be told the documents are lost or misplaced. Truth be told – many mortgage banks simply delete the digital faxes or shred the paper faxes in an effort to frustrate home owners to the point that they give up and simply allow their homes to be foreclosed on.

Bravo to Judge Opperman! And congratulations to Trustee Tom McDonald for giving home owners a fighting chance to save their homes.

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