Ch. 13 motion releif from stay

[lalahouse]

I am in Ch. 13. 4 months behind in payments (mortgage included) received motion for releif from stay from mortgage company. Court date is 1 week, I am unable to have full amount ready by then but will in two weeks. If releif is granted to mortgage company then is there any time line that must be allowed before sheriff sale. Will there be any time I would be allowed to come current with mortgage co prior to sale? FYI: in michigan, filed bk less than week before original sheriff sale was to take place. Any help would be great thanks

[dingdong]

I am not too knowledgable in Mortgage issues in a 13 plan, but what about calling your lender, offering to send a partial payment and make arrangement for the arrears in two weeks.

I don't know if this is acceptable in a 13 plan, so I may be way off and apologize if this is bad advice.

I know they would probably not want to FC if they didn't have to, especially if there is no or little equity in your home.

Or you may be able to motion the court to have the MFRFS hearing delayed so you can catch up?

Hopefully a GURU with 13 knowledge will chime in soon.

[walkthaplank]

Have you talked to your attorney about including the back payments inside your plan? You can do that in a CH13. I don't know what if any limits there are, but I would definately ask your lawyer. Why weren't they included in your initial filing?

[HHM]

The real question is why are you 4 months behind? If I understand you correctly, you included the mortgage payment in your chapter 13 payment, and you haven't made your chapter 13 payment for 4 months, is that correct? If that is true, you have a double whammy, your mortgage isn't getting paid and you haven't made your chapter 13 payments. At this late date, all you can do is attend the hearing, ask for a continuance, and explain to the judge that you will bring the plan current in 2 weeks.

As to the foreclosure, usually, in a bankruptcy context, once a lender gets releif from stay, the foreclosure picks up where it left off. Unless there is something specific your state's law, since you filed BK right before the auction, the lender can probably just schedule the sale date for hte next available date and time, which could be a week.