Mortgage Lender filing for Relief from Automatic Stay

[WS1122]

Hi everybody,

I filed for Chapter 13 in March 2010. I have since fallen behind 2 months on my mortgage, and I received a notice of final hearing today stating that the lender had filed for relief from the automatic stay. What do I do...is there anything I can do? Should I contact my lender myself or deal only with my attorney?

Thanks for your input!

[FishersMike]

I am no expert but I can anticipate you will get LOTS of responses telling you to contact your attorney immediately. That is what you paid them for. I am sure if there is anything that can be done, the attorney will need to be involved. I honestly doubt the lender would probably discuss it with you anyway knowing you are represented and would not want to violate the law. I will let everyone else with more experience chime in now. Good luck to you!

[dneil]

Well, they are going to try to foreclose on you... I believe this is why they want the stay lifted. As said above, contact your attorney immediately.

[jetsfan2010]

good luck to you

[papie]

Contact your attorney stat. Is your attorney aware that you are behind on payments? If not, prepare to explain the situation.

I'm not sure if you've had any other issues other than this. If not, the attorney can normally file an objection and submit a modification to your plan, if you already have a 60 month plan your payments would likely increase, if your plan is under 60 months they can tack on extra months. It has to be approved by the trustee and the trustee may require you to start automatic payments and put you in a trial period (trial period = if you miss any payments your case can automatically be dismissed without notice.)

If you do get to go that route, you need to analyze what is causing you to miss payments and get to the root of the issue.

[wanuvas]

If you mortgage payment is in your 13 plan contact your attorney and ask them to clarify. Is the bank trying to foreclose or are they asking the court to simply begin disbursing funds from your ch 13 escrow to them.

If you mortgage is not in the 13 plan you will probably have to refile, adjust your plan payments and then stay caught up. You need to talk to your attorney.