I made a late payment in june and missed November's payment but have made a payment every other month and owe January and just now February. I received a motuob from banks attorney to relief of stay and have no idea whst to do? Should i pay my January and February immediately or wait for my attorney to oppose the motion? I hate sitting back and waiting as i cannot lose my home.
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I assume you are in a Chapter 13 and I assume you do not have an attorney.
According to your post you are three payments down through this month. How many months are alleged as delinquent in the Motion?
If you have the funds to bring your account current (including late fees and the attorney's fees) you need to discuss doing so with the attorney for the lender. If you cannot bring the account 100% current (post petition) then you need to work out a catch up arrangement with the lender. This is done through the lender's attorney. Until you are back on track all communication should be with the lender's attorney.
Please note that you will need to file a Response to the Motion within 14 days of the date of the Motion. The Response could be that you are working with the lender's attorney to bring post petition payments current.
Des. -
I do have an attorney and i am behind for January and just now February. I just do not wa t to wait to resolve this if i can simply pay the 2 months to make me current and do away with the motion.Comment
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You really need to discuss with your attny.Originally posted by gamecockfan4 View Post
Sending payments to the lender may cause a delay in resolving the matter since the payments may sit on someone's desk or not get applied properly. When I deal with such matters I have my client deliver a cashier's check to my office and I personally make sure it gets to the lender's attorney. If there is an accounting dispute I have my client get me copies of each and every payment they have made from the filing of the Chapter 13 forward. I then get a payment history from the lender's attorney and compare them. 80% of the time, the lender's numbers, as it relates to post petition payments, are correct.
Call your attny.
Des.
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