surrendering home, received motion for relief...

[harley55]

I am 37 months in to a 60 month chapter 13. I decided to surrender my home in Nov. after meeting with my bk lawyer so paid him, in Nov., the $$ to file the amended chapter 13. Did all the paperwork, just waiting for notice of sale so I will move. I received, today Feb.3, from my atty, copy of a "notice of intent to file motion for relief from the automatic stay local rule 4001(b)" and states a delinquency of $2600. My atty says either pay it or ask for a 6 month cure agreement He then says send him $500 to negotiate the agreement without the filing by the bank or to file a response and ask for the agreement. What does all this mean? Sounds like either I pay them the $2600 at once or atty can negotiate paying over 6 months for another $500. Or does atty negotiate a lower amount? I asked atty for accounting of what the charges are for but guess for payments not made between Nov. and when he filed? Only stoppped payment in Nov after meeting with atty(would have been nice had he told me to keep paying?)
Anyone have some light to shed on this type of procedure and if it better to just pay the delinq. or let atty negotiate? Thx!! Thought I was on the down hill slope.

[Billssuck]

I am confused...didn't you already modify your ch13 to surrender the house? From what you wrote, it sounds to me like they need the money for you to keep your house. Correct me if I am wrong.

I too modified my ch13 to surrender my house in May 2010 after my husband lost his job. To date, the request to have the automatic stay lifted has not happened...that is the first thing that must happen for the bank to commence foreclosure. In our case, I saw our lawyer to modify the ch13, added $400 to pay him his fee for the modification in our ch13 payments, and have been waiting ever since. We only have 3 more ch13 payments and once we're discharged, I really expect the foreclosure to commence since they won't have to request to have the stay lifted. Or...I could wait much longer...who knows...! Our mortgage is wrapped up in the MERS, robo signing mess with the Countrywide buyout by BOA.

[catleg]

Need to ask you a few questions. Why are you in a 60 month plan and why do you want to surrender the house?
If you can afford the payments then any savings from moving would (in theory) increase you plan payment and enrich your unsecured creditors.
Are you over or under the median income for your district?
Sounds like you stopped paying in Nov; is 2600 your monthly payment or is it 1300?

[azmom]

In Az, trustee went with 60 month plan for ?? reason. 95% of the debt was unsecured medical but wanted to keep house and vehicle. Now, house is way underwater and based on some other issues, (last kid moved out, 4 bedroom house, lots of upkeep and concerned about more) I just want to let it go. I am just over the income cutoff so can't switch to a chap 7. I requested the modification in Nov. paid atty $750 to file but did not get anything to sign until Jan 16th so may be they are looking for the Nov. Dec. and Jan payments?(doesn't add up though, payments are about $1400 so maybe 2 mos and atty fees?) And I really think he seems to have forgotten I am surrendering the house. Still waiting for his call to ask what the heck he means. I too have one of the Countrywide BofA messes. Ugh, just want the next 23 mos to go by quick! Been doing really well on my current plan so don't like to see hiccups.

[catleg]

i understand now. good luck getting rid of the house and the Countrywide mess.