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I wouldn't necessarily "file the ChatGPT motion." You should use information from ChatGPT as a guide to do further research. Going to Google Scholar to check case law is an excellent place to start to see if you can find a scenario where someone prevailed on this type of motion and the case law that was argued. It's always a good idea to include case law in your own motions so the judge can refer to it prior to making a ruling.

Well, then. So, by that logic, you also can't be held to contract terms such as interest rates, repaying the debt, etc. All the provisions of the contract they are trying to enforce through the court. All you have to do is refuse to acknowledge the debt, and you are off the hook? I'd love to see that established as case law!

You don't want to respond to discovery if you plan to file a MTC (Motion to Compel Arbitration). You need to file the motion first, then respond to their discovery requests a particular way. Did the judge approve and set a schedule for discovery, or did they send discovery requests without any direction from the court? You may have the option to file a motion for leave to file an amended answer. A motion for leave essentially asks the judge permission to do something. If Velocity is going after you for $10K, they're not going to simply dismiss this. They may follow you into arbitration. Who is the original creditor? Have you read the arbitration provision of the agreement? What kind of California court was this filed in?

OK, so my mom passed away in 2022. I moved in with her about a year prior, and she was clearly getting sicker. She wound up having a stroke in her job, put her on short term disability. Her mortgage was being automatically withdrawn, and her work was still paying her mortgage covered, then she had a massive stroke in which they deemed her mentally incompetent of making her own decisions. Her work let her go. They put her on permanent disability. There was only a couple dollars short of making the whole PITI payment letter did we know, though in 2008 she took out a second mortgage with PNC. She winds up passing and I am working with the first mortgage company to begin making the correct payment and make up the shortage from the couple months she was sick Now somebody knocks on my door and asked me if I rent or own. It was a Tuesday afternoon I said it’s my mom‘s house. I just inherited it. He said well I hate to tell you this, but it is on the foreclosure sale list for Thursday morning. I called PNC immediately. I didn’t even know a second lean position. Mortgage company could file foreclosure over the wishes of the first mortgage company by the way second mortgage at that point was 10 grand first mortgage was 90 so let’s call it $100,000 in the house, but the house has not been updated or modernized since the early 90s so that was the process I was beginning when all of this hit me so basically I am forced to file a 13 they remove the house from the sale, but the address remained on the list for the day because they didn’t have time to get it off The house wound up selling for $54,000. This is a semi detached two bedroom two bath with an Inlaw suite in the basement very small home on the first floor which is all they consider. We’re talking 8 to 900 ft.². The bankruptcy (13) attorney says pnc has right to collect all interest the would have collected over life of loan and says trustee payment will be 400 a month and to keep paying 1st and car payment. That’s 400 a month for 1 year after year one trustee payment jumps to $1,400 plus I still have to pay the $1,050 1st. It’s simply not feasible so attorney keeps filing these motions to prolong this $400 payment. The real problem is when it was $1,400 I got a little behind on the 1st and the 1st has literally just been sold for the 7th time since her passing and everyone it’s the same story the 1st mtg company will not give me any info until I submit and they approve my successor in interest documents. This has taken months before. Anyway now I am behind on 1st current on trustee but lawyer is not answering or proactively trying to resolve. I am curious can I talk to a different 13 attorney, maybe write the judge and explain lawyers lack of proper explanation ? Can I file a new 13 and include the arrears or hire attorney to negotiate modification while I keep paying trustee on existing bk. My daughter was raised by me alone (well with my mom) and they were very close. Now she is 19 and she says she wants her Mee Maw’s house eventually. I have asked the attorney if I can sell it to a friend to get out from under the bk because other then the mtgs I had basically no debt bk was strictly done to save home as PNC was not at all willing to accept less the payment in full to stop foreclosure. Please any and all advice or reccomendations to a modifying attorney or different 13 attorney given present attorneys lack of interest or follow up in case I would greatly appreciate it. In state of Maryland by the way

You're replying to a thread that's more than three years old.