Late on Mortgage after discharge bank file motion to lift Automatic Stay

[hanta]

My BK (chap 7) was discharged in April, then I missed my May and June mortgage payment but paid in July, and was going to pay for August but found out they will not accept payment due to status of loan. I also received a letter from the Bank (GMAC) attorney that they are filing a motion to lift the Automatic Stay. I want to keep the house and I can come Current on my payments by Mid September. But the Bank will not accept my payments, and the hearing is on August 26th. Will the bank be willing to work a Loan modification, or will this result in an immediate foreclosure after the hearing and the lifting of the Automatic Stay? I want to keep the home nad not sure what to do. My attorney is not returning any of my e-mails or phone calls, and I dont want to go and spend on another attorney. Any ideas or what options I have.

Thanks

[SMinGA]

There is no such thing as an immediate foreclosure - foreclosure proceedings are dictated by your state. They must lift the stay (or wait for discharge) to get that process started. I am confused as to why they would file to lift the stay if you're already discharged.

I think the problem you're having is your mortgage company is refusing a partial payment. Sounds like you presently owe 3 months + late fees. You want to pay part of it, they say pay it all. They can do that...

Whether or not they will work with you, to modify or such, I don't know. No one can predict. I do see that you are in GA and I know a little about the GA requirements for foreclosure. The mortgage company must advertise a public notice for 4 full weeks prior to scheduling a FC sale, and sales happen the first Tue of a calendar month. At this point, the soonest they could do the FC sale would be 10-5-10 IF they have not already started advertising. (You should know if they had, would have received some notice.) They would need to advertise for 4 weeks in Sept. for a 10-5-10 sale.

Keep in mind that by mid September, you'll owe an additional month beyond the 3 you owe now. (September will be due.) Only way to find out your options for a mod is to call and ask I suppose.