Mortgage relief of stay

[ska]

Okay, so we want to keep our home. We were behind one and a half payments when we filed BK. I have been sending my normal payment and trying hard to save to make up the rest. Well, we received a relief of stay today. They say we are behind three "3" payments, one prior to filing and two after. What the heck. That is not correct. I am so confused and frustrated. I don't want to lose my home. My 341 was on Monday and there were no creditors there. Why wouldn't they show up? I wish this releif of stay notice would have come during the week so I could talk with my attorney. Blah!

I am looking for support and suggestions.

Thanks...

[music12]

ska, if they have their facts wrong, then it will be hard for them to win. just make sure you have your receipts/cancelled checks for the payments they claim you didn't make but you did.

they don't have to show up for the 341 to ask for relief from stay.

[jkejakesmom]

We had the same thing happen to us while we were in our ch 13. Actually it happened 3 times ( not proud of any of that ) but we were able to save ourselves. We had to pay the attorney fees from our mortgage company but they included those fees( about $1000.00 each time ) back into our ch 13 to be paid off. They will want you to get your house payment caught up and they will give you a no default period ranging from 6-9 months that if you fall behind or are late even once during that time the stay will be lifted and you WILL lose the house. Just talk to your attorney first thing Monday.

[AngelinaCatHub]

Okay, so we want to keep our home. We were behind one and a half payments when we filed BK. I have been sending my normal payment and trying hard to save to make up the rest. Well, we received a relief of stay today. They say we are behind three "3" payments, one prior to filing and two after. What the heck. That is not correct. I am so confused and frustrated. I don't want to lose my home. My 341 was on Monday and there were no creditors there. Why wouldn't they show up? I wish this releif of stay notice would have come during the week so I could talk with my attorney. Blah!

I am looking for support and suggestions.

Thanks...

This is normal that they do not really need to be there. The relief is not adversarial to you, just a procedure to foreclose. The best thing you could do if at all possible, stop paying your CC's and use whatever you can to make up the back payments. My opinion is do not reaffirm, but "ride through" as long as you are paying, they sure don't want another house they can't sell. You will not be evicted. They want your money not your house. But, you must keep current. 'Hub

[ska]

Thank you for the replies. I am working on getting current and had planned on being 100% current by the time my BK was discharged, which should be around mid-September.

After thinking more about the mortgage company's claim that I am behind two more payments, I realized that it took them almost two weeks to cash my June payment. The paperwork filed with the court shows a date of July 2nd and they sent me an email payment confirmation for my June payment on July 3rd. So, I guess they considered the June payment and the July 1st payment as not received. This is the only explanation I can come up with. Now, they have not sent an email stating they recieved my July payment, which I just mailed last week, and the check hasn't been cashed. Waiting game...

Oh, and my attorney did reply to my email. Wow, on a Saturday; she's great! She said to get my cancelled checks and any other information together and we'll talk Monday.

Thank you to everyone. I feel a lot better. I too believe that they do not want my house, just my money. And I want to give them my money asap.

[music12]

any payments between now and the hearing on their motion should be send certified, return receipt requested. also ask your lawyer whether you should call them to get a new address to send your payments. sometimes when someone files for bk, they have a special dept to deal with any payments. it might be taking them the 2 weeks to forward your payment to the right dept.

btw, if they received a payment on july 2 they can't "consider" it as not received! they can at worst consider it late. i don't know how their lawyer signed papers saying "not received" and give the receipt date at the same time!! i guess just another reason lawyers are known as liars...

[ska]

"any payments between now and the hearing on their motion should be send certified, return receipt requested. also ask your lawyer whether you should call them to get a new address to send your payments. sometimes when someone files for bk, they have a special dept to deal with any payments. it might be taking them the 2 weeks to forward your payment to the right dept."
Good point. I didn't even think about the payment having to go to another department. Also, sending it certified is a great idea. I am going to do that for all future payments.

Thank you!