My Day has been delayed...

[justbaby]

BUT it will still happen. Because I have to amend my taxes because of my lack of knowledge and greed, I will probably now owe the IRS money which will be included in my plan. I was supposed to go for my sign out on Monday but I'm just now getting my 2008 tax transcript to an accountant today. So because my atty will be out of town at the end of this week, they now have my signout on next Thursday. I am in active foreclosure with my mortgage company (I've not been served yet, nor do I have a sale date, BUT I know the atty assigned)...the paralegal told me that on that day, I will be given my date for my 341 meeting as well as a case number. Is that case number what's used to put the automatic stay in place? Is this usually the procedure?

Also, I've been reading alot on Motions to Relief Stay...is it likely that my mortgage company will do that OR is it only if I fail to make post petition payments?

[starr4law]

It is very likely that they will file the motion for relief from stay. It seems like they almost always do nowadays. However, once that is granted, that does not mean that they will move forward in any capacity immediately. I know folks whose lenders got the motion granted over a year ago and nothing has happened since.

Once you are filed (I don't know if your atty files you the day you sign or not), you are assigned a case number. All of your creditors (including the atty for the lender) will receive notice and the stay is imposed.

[justbaby]

WOW! That's scary! I didn't realize that even after going through this process and adhering to all necessary payments thereafter they can STILL foreclose. I want to keep my house, bottomline. I'm confused now..