Motion for Relief of Automatic Stay

[jade73]

Seems like our finances have gone beyond BAD since we filed in July. We cant make it from one week to the next without running out of money. We've had both our vehicles in and out of the shop 2 or 3 times, causing us to get behind on the mortgage which we knew was a no-no but what are you to do? You have to have a vehicle to get to work. So either way you don't come out on the good end. Anyway I'm done whining...We received a letter from our Mortgage companies lawyer about a hearing to lift the automatic stay. It states that we are 3 months behind including the month of December but this isnt true, close but not true. Currently we need to make Novembers loan payment and Decembers payment, thats not 3 months..but anyway...Whats going to happen to us? Very Frustrated!

[rrockinggramma]

if you can't catch up the payments then the trustee will lift the stay and the mortgage company can begin to foreclose. You might want to get with your attorney and see what can be done with your plan to modify it or what he recommends.

[jade73]

I'll do that. Hopefully they will understand if not then so be it. I've been struggling terribly. I just don't feel like something was added up correctly when they made our plan.

[HHM]

Whenever you incur an unanticipated expense in your chapter 13 that will affect you ability to make your chapter 13 payment or make your mortgage payment, you need to contact your attorney right away (before things get behind or too far behind). You can request a forbearance of the chapter 13 payments (for a few months).

In your particular situation, you need to get with your attorney to modify the plan.

[jade73]

Thank You!

[stephanie1112]

Jade,

I had this happen to me also, twice as a matter of fact. The first time my attorney was able to do a modification and the arrearages were placed in the plan. The second time, I was able to work out something with the mortgage company. With the way the economy has been, most mortgage companies will usually work out something with you.

Chapter 13 is hard, especially when you start off with older vehicles that you're trying to keep alive during a 3-5 year time period. Thank God, my last payment should reach the court anyday, but during the last 5 years, keeping our two cars running really hurt our budget and caused me to get behind on my mortgage a time or two!

Best wishes to you!

[cchater]

I'm in the exact same position! My mortgage is outside my Chapter 13 plan. I'm 2mos behind. This is the second time. The first time they sent me a letter that they were going to file a motion for relief of stay, I was able to pay it up and bring it current so they didn't file. This time, I'm not sure what they will do. I'm going to make my Jan payment. I've contacted my attorney and I sure hope they will work with me. I definitely want to keep our home. Things just come up and it's takes no time to fall behind...

[cchater]

My Chapter 13 is current, however, and I only have 19 more payments! That is something good! Hopefully, my mortgage company will work with me! Good luck to you!

[jade73]

Thats exactly right. I talked to our lawyer yesterday and it's gonna cost us $800 which will go into the plan for the mortgage companys lawyer to file this motion. THAT SUX! But what can you do. You cant pull money from the sky. They will let us know soon what will happen.

[stephanie1112]

I agree, it's crummy to have to pay so much just to have a motion filed, but depending on how much your house payment is, that's better than trying to come up with three months' payment all at once! I know it was in my case!

Just remember your monthly payment to the court will go up due to the monies being added so budget accordingly.

Best wishes!

[jade73]

I may not have understood her correctly but I thought she said with the payments that were behind and the $800 it was about $3000+ and we'd have to come up with half of that by the court day of Jan 6th

[jade73]

Well well...It just keeps getting better (not really) Spoke with attorneys office today and including the $800 fee they also are not counting a payment I made in Sept b/c it wasn't the full mortgage payment(don't ask me why I did this. The payment was 657 and I mailed them 627..what was I thinking?) Anyway including Jan payment & the $800 attorney fee we are looking at $2900 in which they are NOT going to let us put the attorneys fees into the plan. We have to take the lawyers office $900 Thursday and starting in Feb we have to start making mortgage payment by the 1st and then we have to pay them an additional $223/month for 9 months that's due by the 15th of the month and CANNOT be late. So now were looking at $861/monthly mortgage + $223 = $1084....I seriously need a budget, not even sure if that will help.

[debtinohio]

With plan payments of only $170/month I can't see how even a forbearance would have helped you make the mortgage payment.

Write out all your monthly expenses and income and see where you're really at. Perhaps either you should have filed CH7 or you really can't afford the house at all.

[knotholeone]

Can't you ask your mortgage company for a Loan Modification thru the Obama Plan. My mort is with BofA and I hope mine goes thru. Good Luck

[rrockinggramma]

if this is out of reach, the perhaps you should let this filing go and refile so you can include everything. The only caveat would be if the trustee thinks that you are doing so to game the system with your mortgage. So I would really explore all options with your attorney before making a final decision.