bank is trying to lift our stay

[bearchicky]

we filed september 3,2008
was confirmed in dec.
we have 1 of those adjustable mortgages,our payment changes alot.
so we have had no contact from chase except from the escrow dept.
so for my payment i sent in what it said on those statements for my payment.
so oct.nov dec payments where made but thats where the problem began.
first of all i cant pay at 1 of the 1000 chase banks around here i was told i had to mail it in. So i did, then on jan 1o got the motion to lift the stay stating we where 3 months behind so that would be nov,dec, and jan payment.
what happened was oct and nov payment was short bout 200 a month.and dec was never recieved. i knew i mailed dec payment so i hunted dwn reciept found it and saw i had put wrong name on it.so had to stop payment on it got money bk just the other day.so we showed up at court and showed lawyer the escrow letters,so chase lawyers agreed to a continuence.
court is feb 9th.

[MacyJ]

Something similar happened to us, only we decided after we filed that we wanted to include our house. Our attorney just filed something saying we'd make up the payments we were behind to give us time to find a new place to live. It took another 8 months before they did anything.

[lrprn]

Your mortgage lender is not allowed to contact you in any way regarding payments - even adjusted payments - after you file - the automatic stay prevents that. Of course, mortgage lenders don't mind taking advantage of that either

It's really up to you to stay on top of your payment increases. Chase has a bankruptcy division with a direct phone number. If your court date ends up with a reprieve, start making it a priority every single month to call the Chase bk division to ask for the payment amount due that month before sending it in. It's the only way to stay on top of an ARM loan when you are in Ch 13 and trying to keep your home.

Also investigate using your bank's online payment program to send your payments in. That way you have a second party who can guarantee payments were sent on time and that you sent the proper amount for that month.