Motion for Relief of Stay Chapter 13

[mia111]

Hi, all
we are in Chapter 13, and on Tuesday 3-13-07
we recieved a relief from stay from our mortgage co
we thought we were all caught up to find out we are two months behind plus another mortgage payment due 3-27-07
we are wondering if we should let them win the relief from stay and move or
object it,because they are saying we are behind two payments that were suppose to be included in our case when we filled in Oct 06. We also found
out today that Yesterday they just cashed the check (for what we thought was for Feb 2-27-07 payment ),after they filed the relief from stay 3-9-07
We want to switch to 7 and just let the house go,but we don't know or have the fees involed in switching to 7.We need advice as to if we should stay in chapter 13,and let the house go and continue to pay our plan for our other debts credit cards etc,or try to file 7, and get rid of all the debt at once. Either way the house will be loss and we won't care,because it's in a bad neighborhood,and has alot of problems.So I guess the real question is stay in 13 or switch to 7?Thanks for all the help God Bless

p.s our lawyer is not a good

also we are in Ohio, how long will we have to move if they win the relief from stay, because I doubt that even if we objected that we would win..How long does this take with forclourse and all,thanks again

[BassBoy]

I myself am in Ohio and we surrendered our home in a Ch.7 (filed 10/05). The mortgage company got the relief of stay in 01/06, which was shortly after our 341 (on 12/05). The house was set for auction on 01/07....so it was about a year after the stay was lifted. On the other hand, it could move a little faster than that, but I wouldn't say more than a couple of months sooner. Basically, Ohio is about a 12-18 month timeframe.

[lrprn]

we recieved a relief from stay from our mortgage co
we thought we were all caught up to find out we are two months behind plus another mortgage payment due 3-27-07

Are you certain your mortgage company is correct? Go back and look at the old mortgage bills compared to your own cancelled checks - don't assume that just because they filed for relief of stay that they are correct.

Our mortgage company did the same thing to us - said we were a month in arrears when we filed - but we could prove they were wrong with their own billlng statements and our cancelled checks. We have a very good Ch 13 lawyer - six months after we filed, he filed in our bk court to reject the mortgage company's request to lift stay because we did not agree we were in arrears and gave our mortgage company 30 days to respond. They didn't, so our bk district judge threw out the mortgage company's request PLUS he ruled they had to give back the money the trustee already paid them PLUS they had to credit us for the money they added to our mortgage to pay their lawyer's filing fees for the stay request! Sometimes miracles DO happen!

However, in your case, it sounds like you don't really want to keep the house anyway. You're in a tough spot, mia, especially if you think your lawyer is not doing a good job representing you. Because the foreclosure will be separate from your filing, it will be recorded separately on your credit reports. When you finish the Ch 13, your credit will take a bigger hit because of the foreclosure. However, with the house in such bad shape, maybe walking away from it is still the best choice overall. Wish you had more faith in your lawyer - that's where the best advice should come from for your situation.

[mia111]

hi,lrprn
I did some reserch and it looks like the mortgagae co may be right of no fault of our own,just a not good lawyer who was not clear on things,
so looks like they probally will win the stay.
I am glad things worked out good for you,God is good and miricles do happen.
Do you think that we should switch to 7 or will it matter as far as our credit is concerned with a forclosere ,meaning if we switch to 7 and when the 7 is discharged will it look as bad on our credit like you said it will if we forclose in chapter 13 when the 13 is finished,thanks again God Bless
p.s yes I got what I paid for in a lawyer ,he came cheap....
p.s.s the house is not the worse,it just needs some things that we don't want to deal with,
but the neighboorhood is the main reason for our children's saftey and well being,also
we were forced into buying this house and it ws not what we really wanted,thanks again

[nmtechie]

I feel for you. I feel like I am in a catch-22 also with my home. The creditor filed a motion for relief from stay and failed to provide a certificate of mailing for the notice and motion. The Chapter 13 Trustee is now objecting to the Motion for Relief from Stay which I never expected.

[mia111]

PLEASE HELP ...hi, wanted to know if anyone had a stay lifted and then forclousere while in chapter 13 and how it turned out,or should I switch to 7 before forclusere PLEASE HELP

[nmtechie]

PLEASE HELP ...hi, wanted to know if anyone had a stay lifted and then forclousere while in chapter 13 and how it turned out,or should I switch to 7 before forclusere PLEASE HELP

I'm currently in the same situation. I don't know whether to fight or give up. I consulted an attorney about my MTLS. If the stay lifts in Chapter 13, the house goes to foreclosure, then at auction it doesn't sale for the full judgment amount, the original creditor will file an unsecured deficiency claim on your chapter 13. If the stay lifts and you convert to Chapter 7, that deficiency claim would be discharged.

Hope I helped a little bit. My emotions are going back and forth every day about this.

[mia111]

nmtechie
thanks this helps alot,I am glad you have an attorney to talk to ,mine
has not even contacted me since we recieved the mtls
almost 2 weekis now,and the court date is March 30th,thanks again