We want to keep our house!!

[matthys69]

My wife and I filed CH 7 BK and listed our home. We've not made payments on it for 6 months. We tried for several months to negotiate with Countrywide and they basically were scheduled to auction off the house June 7, 2005. We filed BK June 1, 2005 which stopped the foreclosure proceeding.

Countrywide has now filed a Motion for Relief of Automatic Stay.

The whole reason for filing BK is because I've not worked in almost a year for medical reasons.

I am now gainfully employed.

I plan on filing a response to the Motion for Relief of Automatic Stay asking the courts NOT to allow the Motion for Relief of Automatic Stay. We'd like to keep our home and with my new job, I will be able to make our payments. However, my wife and I are not in a financial position to make the 6 months arrears on the home.

When would it be appropriate to motion the courts to ask for an order granting a repayment plan? Will I have to file a motion to convert to Ch. 13? We've had this home for 4 1/2 years and do not want to lose it! If we convert to Ch. 13 then we'd have to file a repayment plan.

Yikes - this is getting ugly. Oh, and we're pro se. Please don't say that we have to see an attorney since there is no way we can afford to pay an attorney. I'm doing all of this through reading, research, and reading forums.

Sorry this is so long.

Matthys

[edwards2]

There are several attorneys on this forum who can better answer your questions but I have heard you cannot file a Chapter 7 if you are behind on payments i.e., mortgage. I am surprised Countrywide waited 6 months frankly. Most mortgage companies don't wait that long to foreclose. Would Countrywide not work with you with your mortgage payments? It may too late to work out a repayment plan; otherwise I would think they would have already done it.

[HHM]

Well, if that is your response to the Motion to Lift Stay, what you need to offer is an "Adequate Protection Order", but being 6 months behind that may be too much of an arrears for an APO to cure, thus, the court may not be inclined to grant one; an alternative, you may want to convert to a Chapter 13 (now that you are employed),

You have to come up with a way to make-up the back payments.