anyone get motion to dismiss from CHASE

[michaela]

My first mortgage is with CHASE has anyone gotton a motion to dismiss from CHASE becasue you have fallen behind with your payments?? If so how many months were you behind???

[justbroke]

I don't recall anyone receiving a Motion to Dismiss. However, people do get Motions for Relief From the Automatic Stay (RFS) when they fail to make payments on secured debt.

What's wrong? Are you getting behind on mortgage payments while in the Chapter 13? Or, are you intending to miss a payment soon and want to know the impact? Regardless of the reason, this could be a serious indicator that your Chapter 13 will not be successful.

In any event, something was probably not being paid and the lender will use the RFS to seek permission from the court to seek recourse through the local (non-bankruptcy) courts. Do you have an attorney? If I had payment issues, I would already have sought assistance to deal with any shortfall and what I would need to do in order to correct the situation.

[michaela]

I fell two payments behind then I submitted all my paperwork for a modification. Got a letter from the rep thats handling the modification introducing herself. During this time I was nervous I was going to get a letter from the attorney looking to lift the automatic stay. I called CHASE to get an update on my modification and was told by the bankruptcy department that no legal action will take place on my account because I have submitted my paperwork for the modification. I was relieved and I was able to catch up on one of the months a week ago. So I am now running about three weeks late