automatic stay in chapter 13 question?

[glc4123]

yes, im in a chapter 13 plan and been late on my house payment for 2 months,due to my wifes illness. she was operated on in october and had to apply for a family medical leave to stay home to help recuperate. how many months will the mortgage company let you go before filing a foreclosurse? the mortgage company was countrywid,now bank of america? and if they do file how long does it take the automatic stay lifted in court ,im in ohio? i talked to my attorney in november with my situation and he sent a motion to lift payroll dedction payment for 3 months to get caught up on mortgage ,but i plan on making a 1/2 payment in a few days will that keep them happy till i get back to work full time.

[justbroke]

It reads as if even though you spoke with your attorney, you dont' know what's going on. I would get in contact again with your attorney on the status of the Motion and various other things. You need to stay on top of this. Don't wait weeks before contacting your attorney again.

You stated that a Motion was already filed to suspend payments (or reduce them). You may be able to have your payments reduced and/or suspended while you sort this out.

Generally speaking, the mortgage company won't wait to foreclose. I'm guessing that you were paying them outside the Plan (not through the Trustee)? I wouldn't be surprised if the lender hasn't already filed a Motion for Relief from the Automatic Stay (RFS) or isn't preparing one right now.

Your issue is that the lender doesn't really need to wait that long for you to get back to full time. They can file an RFS and have that granted. Generally an RFS is granted after 30 days (with or without a hearing). You could fight the RFS if you brought it current. Also, if you have arrears being paid in the plan, this could make it more complex, since you stopped paying those too.

You really really need to be talking to your attorney and deciding what you want to do. You are in a tough place right now and what you do over the next few weeks, will probably define the outcome. I mean, if you sit around and wait... all you're doing is waiting for the RFS and subsequent foreclosure actions. Don't sit around. Get yoru attorney involved again. Understand what's going on.

A 1/2 payment won't cut it. Most lenders won't accept less than a full payment, and to make it worse... most lenders won't accept anything less than what's due (so if you are two payments behind, 3 payments are due).

[glc4123]

thanks justbroke for the answer,how would i know if they filed a rfs motion on pacer?

thanks again

[justbroke]

thanks justbroke for the answer,how would i know if they filed a rfs motion on pacer?

You would look at your case Docket (History/Documents). You'll see a docket entry called "Motion for Relief From Stay".

[glc4123]

thanks again just broke!

[justbroke]

You're welcome. You should be able to see your Attorney's Motion to suspend payments too... if it has been filed.