1st late pmt, looking for the best delay tactics.

[Tom_Mi]

Since my house was IIB, I'm expecting Saturday's missed payment will get some attention by my servicer (Capital One, formerly Chevy Chase Bank)

I've read I can "dispute" the filing in court and delay the process... where do I look to see the filing? Can I find it on pacer?

I welcome all opinions!

[lrprn]

Since my house was IIB, I'm expecting Saturday's missed payment will get some attention by my servicer (Capital One, formerly Chevy Chase Bank)

So you kept the house after filing, didn't reaffirm, and now have missed a house payment.....do I have that right?

I've read I can "dispute" the filing in court and delay the process... where do I look to see the filing? Can I find it on pacer?

If your bk case is still active, then yes, you can see your mortgage lender's request to lift the stay on PACER.

However, if your case is already discharged and closed, then it depends on your state's foreclosure laws whether your mortgage lender has to file with the court to start foreclosure proceedings or not. Is is safe to assume from your forum name that you are in Michigan?

[Tom_Mi]

Hi lrprn,
Looks like I left out some facts, so I'll try to supply them here..
-House is IIB, and ch7 discharged in April
-We did NOT reaffirm, have been making payments.
-Payment spikes from 650 to 1800 this month, so we're done making them.

-Case is NOT yet closed, but should be soon, there are no more trustee objections.
-I agree they'll file a motion to lift the stay, since the case is open.

After the stay is lifted, do they open a "different" case for the foreclosure to begin? ...and is that "different" case the one I object to?

I'm nervous about objecting to lift the stay, and having the trustee be involved in any of this...because my trustee is evil.


Ideally I'm looking for any delay tactics that can keep me here 18 to 24 months. (more would be fine, but I'm trying to be realistic)