weltman, weinberg and reis

[Tsandy7]

My sister is having a problem with weltman. They did a chapter 13. They had a 1st and second mortgage with national city. Her husband lost his job and could not complete the chapter 13. Now pnc per weltman is trying to sue them. Bob wnt to pnc to ask abou the second mortgage,they did not know anything about it. Now weltman is trying to collect 75,000 dollars.i am hoing maybe someone would have some suggestions for them.
Help for bob.

[jq26]

Not sure where to start here. I probably have more questions than answers at this point.

The Chapter 13 fell through at this point, correct? Sounds like the job loss meant the plan payments terminated. If that's the case, PNC (who bought Natrional City) has both a valid 1st and 2nd lien and mortgage agreement on the home. If Bob isn't current on the mortgages, they can be sued and the home may be foreclosed. Sounds like Weltman is acting on PNC's behalf.

Do I have the story correct? When outside of bk protection, this is typical when not current on a mortgage. Are they looking for a mortgage modification or a Chapter 7 bk? Unless income is coming back to get them current, looks like foreclosure is inevitable.

[Tsandy7]

They are both on SS and the current mortgage is paid. The husband had lost his job before he was on ss. We have asked for paper work from PNC and noone seems to know anything.
they had orginally done a chapter 13 because at that time they had regular working income.
Should they do a chapter 7? there is no way they can pay that amount of money.

T