AZ. how to respond motion lift the stay, 2nd mortgage pro se chapter 13

[powerless]

Update. I filed the objection on time and mailed the copies on June 12, that was one day before the 20 days were up. The attorney for the second mortgage just sent us -- and posted it on pacer -- a notice for the preliminary hearing scheduled for 7 weeks from now. I guess that means I did the objection correctly. In the meantime both parties are supposed to work toward resolving the issue, which is what I hoped would happen.

We filed pro se so I have to thank Des and everyone who gave me advice. My next question is do I have to work with the attorney or can I work directly with the second mortgage company? If I work with the attorney I'm afraid the legal fees will be far more than the arrearage.

[despritfreya]

My next question is do I have to work with the attorney or can I work directly with the second mortgage company? If I work with the attorney I'm afraid the legal fees will be far more than the arrearage.

You work with the attny and those legal fees will not be substantial since most work on a flat fee of between $600 and $900 plus the filing fee for the Motion.

Des.

[justbroke]

That is really a great question. The mortgage company may not want to work with you until you clear it with their attorney. The key to coming to a settlement is actually coming to the table with a settlement "offer" that is clear and precise. I did this in both cases where I sued a creditor in my bankruptcy for damages for stay violations. I came up with the proposal and it included that I would not be charged any attorney fees.

Anyhow, it is really up to the mortgage company as to whether they'll work directly with you. The settlement of controversy would still need to go to their attorney.