Pending mortgage mod when filing

[tigerman]

Has anybody done this and can you tell me what happened. My lawyer will be filing the petition the first part of Oct. and I am 3 months behind on my mortgage with BoA. My lawyer told me it will depend on the bank whether they will continue with the mod or request the past due amount be paid or move out. Personnaly I think the mod process is a joke, its been over a year now and nothing!.. and they wonder why there are still so many foreclosures

I also posted this under the Ch 7 forum hoping to get some feeback from somebody that has gone through this so I'm sorry if you have already read this.

[nomore008]

We applied for a mod about 5-6 months ago. Filed 9/17 with the intention of surrendering the house because we had not heard anyhting about the mod. The mortgage co has asked for a relief of the stay. Probably to start the foreclosure process. A few days after we filed there was a certified letter from the mortgage co stated that we have until 10/22 to catch up on the payments.

Personally I believe that the foreclosure dept has no clue that we asked for a mod.

Our paralegal stated that she has yet to see a mod go through and the other paralegal that she works with has seen 1 in 10 years. At first we wanted to keep the house. However, the more we think about it the more we know surrendering it will be the correct decision.