Motion For Relief of Stay

[didddos]

I'm so afraid. I don't want to lose my home!
I'm not going to make excuses, though I have enough to fill the home I want to hold on to.

We filed chap. 13 2 years ago in MN.

I was due for July and August 08. I sent the payment, but it arrived at the lender after September 1. They've now returned the payment and have notified me that they are filing a Motion for Relief of Stay.

My attorney has not yet returned my call.

Help, please. I need to know what to expect and what I can do to fix this.

[AngelinaCat]

Were you paying inside or outside your 13 plan? I am not a C13 person, but that information will help the people who are C13 answer your question.

Good luck.

[chloe0724]

I don't know if you will have any recourse. Our Trustee told us that making the mortgage payment on time was one of the most important payments because they would do just what they are doing to you now.

I hope someone has some real life experiences that will help you.

[didddos]

To answer your question

Were you paying inside or outside your 13 plan? I am not a C13 person, but that information will help the people who are C13 answer your question.

Good luck.

Payments were outside of Trustee payments.

[krielly]

So, you sent the July & Aug payments, and they rec'd them 9/1?
What about the payment due for September? Had you mailed that yet, or are you now past due on that?

K

[justbroke]

Help, please. I need to know what to expect and what I can do to fix this.

Yes... this is a serious matter.

The Mortgage Servicer will immediately file (as you wrote) for a Relief from the Automatic Stay, but that's a hearing, so you ahve time. What is likely, that your lawyer will negotiate that you bring that current, either through adjusting the Plan to get "post-petition" arrearages covered, or by having all the money that is due them. DO NOT SPEND IT!

You are likely to need everything past due PLUS the next month's mortgage payment (before it's due). I was listening to a similar case in my jurisdiction last week with very similar issue. I was at the PMRS (Preliminary Hearing on Motion for Relief from Automatic Stay).

The Bank really doesn't want your house -- these days. But, they have to be more aggressive when you're in a Bankruptcy, because they can't just send you nasty NOD notices in the mail. They have to follow the "technical" procedure.

More than likely, the court will issue an Adequate Protection Order, basically ordering you to become current within a limited time period. if you fail to do so, the Bank can then get an Order on the Relief From Stay motion.

When you talk to your lawyer, s/he will figure out the best course of action. Make sure you didn't spend any of that money. You are going to need it. You'll also have the Bank's fees for having filed the Motion as well. You will probably need July, August, September and October's payment on or before October 1.

(This is just my opinion on what I observed. Your lawyer may be able to get the judge to do an Adequate Protection Order instead of granting the Relief from Stay that the Bank wants. You could, depending on so many things and I'm not a lawyer, also cure the post-petition arrearage through an Amended Plan. These are definitely lawyer type questions!)