Mortgage Ethics and Loan Modifications

By Marie-Ann Greenberg, Chapter 13 Standing Trustee, Fairfield, NJ

I. Ethical Requirements of Professionals Appearing Before The Court:

a. Of Mortgagee/Servicer Attorneys – From The Perspective Of Debtor Counsel

1. Proof Of Claim Process – Fundamental to the operation of Chapter 13

A. In re Obasi, No. 10-10949-SHL, 2011 WL 6336153 (Bankr. S.D.N.Y. Dec. 19, 2011) (Lane) (Attorney and law firm violated Bankruptcy Rule 9011 by failing to review proofs of claim . . .

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