About to explode!!!!!!

[BamaDad07]

OK, I filed Chapter 13 and my plan was confirmed on July 24th, I have the trustee payments taken out of my check (every two weeks), havent missed a payment yet.

Ok here comes time to start paying my payments on time and I send the mortgage company a check for the payment amount listed in the plan. I get a letter in the mail that the payment cannot be accepted because of the arrears on the mortgage. So I called the lawyer first of all and they said they would look into it and let me know.

Well mean time the lender will not let me talk to them and now I get a letter in the mail from the Court that a hearing has been scheduled for a motion for Order Confirming Stay Termination Pursuant to 11 U.S.C Section 521(a) and 362(h) by the creditor with an attachment and exhibit.

Does anyone have any experience with this issue, the hearing is next week and I cant see my lawyer till Monday afternoon.

[BamaDad07]

Motion for Order Confirming Stay Termination

well with the help of pacer it seems that the mortage company wants to terminate the stay. Is this because the payment (house payment) has not been made? They wouldnt accept my payment and I have the letter and returned check. Well I guess I will find out on Monday when I get to the lawyers office.

[liz417]

Hi there,

I'm sure your attorney will fix everything. Couldn't you get in (or at least speak) to your attorney this week? I would be freaking out. I'm sure it's just a mix up and the arrears should have been included in the Trustee payment. Could it be that the mortgage company has a different address to send payments if you are in BK, that's why it was returned?

Good luck and keep us update!

[HHM]

Back-up, you stopped making your mortgage payments?

You mentioned that "you" were to make the mortgage company. I am sorry to say, I think you screwed this one up, you CANNOT stop making your mortgage payments in BK if you want to keep the house.

[NowImDownInIt]

No, I think he means the arrears that he IIB... It looks like he is trying to pay on time.

[BamaDad07]

Back-up, you stopped making your mortgage payments?

You mentioned that "you" were to make the mortgage company. I am sorry to say, I think you screwed this one up, you CANNOT stop making your mortgage payments in BK if you want to keep the house.

I guess I misworded that, I meant to say the first plan payment. But I just read over the letter again and it seems that they are reffering to the arrears as if I never filed. Because they refer back to the Notice of Default. Am I at fault if I send a payment and they send it back to me?

[BamaDad07]

Got it straightend out today so thats a big relief...