I need help

[helpsoneeded]

I got a letter today saying that my morgage company wants the automatic stay lifted and if i dont pay the attorney 300.00 to put into my plan to catch up late payments that were made after i filed, they will forclose on my house or other real estate. I called my morg. company to make sure that i was caught up and they said that i was never late and they dont have any idea about the letter. Could that letter mean that i was late on my camper payments? We were told that we had to surrender it, so we stopped paying and they towed it away about 2 months ago. Is that considered real estate? The letter doesnt say for what property, just says for for house or other real estate. We owed more on it , then what they will get for it, so I am wondering if they want the difference paid to them. Thanks

[StartingOver08]

Make sure you fax or e-mail a copy of that letter to your attorney right away.

A camper is not 'real estate' in any way, shape or form. Its like a vehicle loan.

Your post sounds like the mortgage company is looking to lift the automatic stay so they can foreclose on your home. Are you keeping your property (home) or surrendering? Did you speak to the BK dept at your mortgage company? Its really hard to tell from your post what is actually happening.

[helpsoneeded]

We are keeping our home. I have never been late on a payment since i owned the home. It does state in our bk papers that the morg. will be paid outside the plan along with our 2nd morg. and the car will be in the plan. It says that we have to surrender the camper, so thats why we stopped paying it and they picked it up. The letter stated that we were late on payments after we filed. That is not true as far as the house goes. Since we filed, a payment on the house has not been due yet , let alone late. It is due on the 24th of April, which i already mailed out. The last payment they recieved was on March 24th, we filed March 26th. That is why I wonder if its the camper. I did call my attorney twice, but he never returns my calls. I will call again tomorrow all day long if i have to , so I can et answers.

[Flamingo]

I got a letter today saying that my morgage company wants the automatic stay lifted and if i dont pay the attorney 300.00 to put into my plan to catch up late payments that were made after i filed, they will forclose on my house or other real estate. I called my morg. company to make sure that i was caught up and they said that i was never late and they dont have any idea about the letter. Could that letter mean that i was late on my camper payments? We were told that we had to surrender it, so we stopped paying and they towed it away about 2 months ago. Is that considered real estate? The letter doesnt say for what property, just says for for house or other real estate. We owed more on it , then what they will get for it, so I am wondering if they want the difference paid to them. Thanks

You don't state who the letter was from. Was it from an attorney representing the mortgage company or from the mortgage company itself? If the mortgage company has no idea about the letter and you have never been late with any payment, watch out for foreclosure scammers. Also, you may have sent your payments in but when you file Chapter 13 and pay them outside the Plan, they usually go to a different address than where you sent them before. Call their Bk Dept. at the mortgage company and find out where you are to send your payments; it is usually at an entirely different location and address.

[helpsoneeded]

The letter was from my attorney. The morg. company has recieved all my payments on time. She checked my history and everything is and always has been paid on time.

[dpeters]

Are you sure that the motion for relief is from your mortgage company? it could be that the motion is for the camper and if you are surrendering then the creditor has to file a motion so they could get their property (camper) from you, since your in BK you have a protection against creditors and thats why creditors need to file motion for relief in and the motion has to be heard in court.

[Flamingo]

The letter was from my attorney. The morg. company has recieved all my payments on time. She checked my history and everything is and always has been paid on time.

If the letter was from your attorney handling your Chapter 13, he should contact the mortgage company directly to get that information (all your payments on time) and deal with the mortgage company directly as he represents you. Why did he send you the letter? Did he request further information from you? If you made all payments on time there should be no problem and your attorney needs to convey that to the mortgage company to get rid of that amount they want to charge for nonpayment.