motion to lift stay from mortgage company

[michaela]

I got a motion automatic lift from my mortgage company. The date is feb 17th i am going to attend and fight it. My question is will it be in front of the judge or the trustee

[despritfreya]

The hearing is in front of the Judge. But. . . what is your defense? Are you post petition current in your payments? If not, you need to figure out how you will become current as a Chapter 13 requires you to "cure and maintain" - cure the pre petition arrears through the Plan while maintaining post petition payments directly to the lender.

Please give more details as we may be able to help you.

Des.

[michaela]

Filed sept 1st made all my payments to mortgage company but they always posted the payments between 1-6 days later then the due date even though i mailed it one full week before they were due. My next payment is due on jan 27 im going to send it express over night

[despritfreya]

Then you should be able to defend the Motion - which should not have been filed. Make sure you bring with you the evidence you have that payments are current for October, November, December, January, and, by the time of the hearing, February. Send future payments via Certified Mail, Return Receipt Requested. Make the lender sign for it.

Des.

[michaela]

Thanks i feel so much better they said in the motion because the payments did not reach them by the contractual due date thanks again

[HHM]

Really, with so much at stake, your house, you didn't hire an attorney?

First, you need to file a response to the motion and submit the evidence that you actually made the payments and are not in default.

However, I fear that you may get tripped up by court procedure and your desire to save money by not hiring an attorney will end up costing you your house.

[michaela]

i do have a lawyer and i did call and the secretary said he would call me next week. The mortgage company is not stating i am behind what there stating is that my payment is not reaching them by the contractual due date. Like i said above i am mailing one whole week before but they keep posting it to my account days after my due date. So when the lawyer responds to the motion does it go to the judge or the mortgage company?

[BigJohn]

I have almost the same problem.

What I do is send the payment each month by certified mail. What makes it even more upsetting for me is I sent almost $100.00 extra each month last year and they somehow was able to 'cook the books' so the extra in payment each month has vanished.

I can not get an answer from them as to what happened to the money.

I have asked them by certified mail for an accounting of my account but so far I have received no response.

[tyson24]

Big John,

That used to happen to me. Are you sending the money all in the same check? If you aren't specifying where exactly the money goes (principal or interest) they will just use it towards your payment or you end up with a partial payment balance (credit balance)

[catleg]

If you have Wells Fargo you can just do a check by phone. The cost is $20 but if you ask they will always knock it down to $10.
As far as the motion for relief from stay, it is an income making move by the mortgage servicer, nothing more.
Wells Fargo got $500 out of my plan, multiply that by 10,000 times and you're talking real money.
Personally, I would have told them to shove it and let them have the relief but my attorney talked to their attorneys and calmed it down so the stay remained in effect but they got their extra $500, fortunately not out of my pocket. Lesson learned.
Are you being assessed late fees also? That can really pile up and needs to be addressed.
I would put on a super positive attitude about how you want to get things straight with these people and write a business letter explaining your case.
I got WFC to waive 2-3 months of late fees.