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Motion for Relief From Stay

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    Motion for Relief From Stay

    I recently worked out a loan modification with Litton Loan, all paperwork was sent back and finalized on February 13, 2007. Now today, I receive a letter from their attorney requesting relief from stay. They don't state that it is because of loan modification or anything, it just lists amounts (which are inaccurate), and that we failed to make post petition payment plans. Get this, dates listed were June 1, 2007 - July 20,2007.........didn't even file until 10/2/07. We never received a letter for foreclosure proceddings even before we filed, we were only 2 months behind. My loan modification process started in December and was finalized in February. They told me not to make Dec, Jan, and Feb. payments, and paperwork put that amount into the principal balance with first payment and new terms due 3/1/08. They told me they'd file a relief for stay so that if I default they have recourse, but why dont' they state that in this. I'm freaking out that they are trying to pull something over and try to foreclose or something.

    Is the only time some files for relief from stay when they plan on foreclosing or can it be because they worked out a deal with me and don't want me to default again, kind of like reaffirmation.

    Any suggestions appreciated.

    I've called their attorney that sent the letter, my attorney, the loss mitigation rep, and litton directly. Noone is available!

    #2
    Klux, I've had a somewhat similar experience with my mortgage company. Except that we never worked out any kind of payment agreement or anything prior to filing Ch. 13 BK. We weren't in arrears at the time of filing. But, we were about 2 weeks late on mortgage payment a couple of months after filing BK. The mortgage company went into attack mode and filed for relief from stay. It was their way of forcing us to include the mortgage payments into our BK payment plan. See the thread not quite half-way down the page (about the 6th or 7th thread down from the top I guess) on Chap. 13 thread posts entitled, "Refinancing in 13". You can read several of my posts about the scenario in that thread.
    Last edited by TiredandWeary; 02-28-2008, 05:24 PM.


    "Life is what happens while you are busy making other plans..."

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      #3
      Generally, loan modifications are out the window when you file BK.

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        #4
        I did the loan modification AFTER filing bankruptcy.

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