notice of motion for relief from stay

[worried]

well i applied for a loan modification today and will find out monday if I'm at least pre-approved. When I bought the house 12 years ago USDA was my 1st lien holder and state bank of cross plains was the 2nd. Then the 2nd was bought out like 3 different times and I ended up with citimortgage. They are also serviced by Fannie Mae or Freddie Mac whichever it is. Anyways I was told now that citimortgage is my 1st and USDA is my 2nd. This is confusing and now both of these mortgages believe that they are the 1st lein holder. How do I find out for sure. If USDA is then I can't do a mod because they don't have a program set in place. I owe 56000 to USDA and only 15000 to citimortgage. Now a year and a half ago citimortgage denied a mod because I made too much. I don't now though. So if they are not my 1st than how was i able to even apply for a mod because only the 1st is allowed a mod then the 2nd. Anyways anybody know who should be the 1st? Even my lawyer doesn't know says he has to do some research. Thanks again

[momofthree]

Just as a side note, I modified my 2nd before I ever applied for a mod on the first. I had never even heard of a mod until the 2nd offered it to me! There is no legal requirement in place that one has to be modded before the other, although individual banks may have their own guidelines.

If you call the customer service dept of your local title company, they can pull up a "property profile" for you for free and you can also request a list of liens on the property. That will at least give you a hint as to who is in 1st position and who is in 2nd.

[brokehmowner]

Greetings, everyone. I'm a newbie and have been reading threads to see if I can get my questions answered. I'm thinking about filing chapter 13. I'm in a trial mod for 1st, but since I am more than 6 months behind on 2nd, they are threatening to do something - what that is, I don't know. Even 1st is underwater so I don't see the 2nd trying to foreclose, so I guess they will just charge-off, and either sue me for breach of contract, or sell to a collection agency which will sue me.

Anyway, momof three, I'm curious about your signature line. You say 0%payback to unsecured creditors. How can that be?

Well, back to educating myself through thread-reading. Everytime time I think I have the answer to something, I read a thread that tells me I don't have the answer at all!

[momofthree]

Greetings, everyone. I'm a newbie and have been reading threads to see if I can get my questions answered. I'm thinking about filing chapter 13. I'm in a trial mod for 1st, but since I am more than 6 months behind on 2nd, they are threatening to do something - what that is, I don't know. Even 1st is underwater so I don't see the 2nd trying to foreclose, so I guess they will just charge-off, and either sue me for breach of contract, or sell to a collection agency which will sue me.

Anyway, momof three, I'm curious about your signature line. You say 0%payback to unsecured creditors. How can that be?

Well, back to educating myself through thread-reading. Everytime time I think I have the answer to something, I read a thread that tells me I don't have the answer at all!

We are a family of 5, $20k under median income with zero dmi. Opted to file ch.13 to strip the 2nd. We pay our car payment and attorney fees as our plan payment. Unsecureds get 0.