HELP!!! Motion for Relief from Stay

[accentone]

Help!!! What do I do?

My mortgage payment went over 30 days late and now they have filed a Motion for Relief from Stay. They did this on 1/4. My date for objection was 12/27. My date of discharge on pacer is 1/5/06

what do I do?

[Genenco]

Help!!! What do I do?

My mortgage payment went over 30 days late and now they have filed a Motion for Relief from Stay. They did this on 1/4. My date for objection was 12/27. My date of discharge on pacer is 1/5/06

what do I do?

Catch up with the payments as fast as possible..Or call them and try and work out a "Plan"

[accentone]

genenco, thanks. I overnighted the payment on Friday. Do they typically drop such a motion?

[StaciMM]

Since you are discharged, the motion is now irrelevant. (Had your discharge not posted, a hearing would have been held and most likely if you were current then the motion would have been denied.)

Were you able to catch up the current payment and the 30 day late one? If not-perhaps you can call & make arrangements to pay extra on the next few months.

As a side note-if you reaffirmed, try to not let it get to the 30 day mark. 29 days and under, should not affect your credit report.

[accentone]

Staci, the Motion for Stay was filed 1/4. The discharge papers are dated 1/5. So is is irrevelant, or did they get it in just a day under? Or, do I go by the date of objection to discharge, which was 12/27? I'm confused.
At any rate, my lawyer said not to worry about it, but I'm still a tad nervous. I mailed the payment that was 30 days late on Friday, via overnight. I will make January's payment on the 18th.

[StaciMM]

The motion to lift the stay, if granted, gives a creditor the right to proceed w/ repo or foreclosure. If you're no longer in BK, that would not be needed. Keep in mind that the lender would not be checking Pacer for your discharge-they won't know until the paper comes in the mail.

It might help your peace of mind-go ahead and call to confirm that they have received the payment.

[StaciMM]

PS-the lender may have filed out of fear that you had decided to abandon the property. Most likely, they would much rather you keep it and keep paying.

[accentone]

staci, got it. thank you sooo much. my lawyer said that it just gives them the right to foreclose, which they have, anyway. so it's just a waste of time on their part.

[StaciMM]

Yes & No. At the time they filed it, they had no way of knowing your discharge was about to hit. If you had been planning to split, they would have been a step further along.

staci, got it. thank you sooo much. my lawyer said that it just gives them the right to foreclose, which they have, anyway. so it's just a waste of time on their part.