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    Mortgage, relief of stay, selling house...

    I have a question. I am 2 months behind on my mortgage. I called to make a payment today and was told that they filed a relief of stay on Friday and won't take my payment. My house is also under contract and scheduled to close on the 24th of April. If they refuse to take a payment, are they going to refuse to accept a payoff??? I have emailed my attorney, and haven't heard back yet. Please help!!!

    #2
    By falling behind on your mortgage, you have opened the door to your mortgage lender asking the court to lift your stay to foreclose on your home and that's what they have done.

    Is your mortgage company aware you have a contract on the home that will close in three weeks? And are the people buying your home aware that you are two months behind paying your mortgage?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      The mortgage company is aware that I requested a payoff 2 weeks ago, and as of today they should be aware of the contract. I told them that when I tried to make the payment today. And as far as whether the buyers are aware that I was 2 months behind, no they don't, as I wasn't aware that was their business. The note, including arrearages included in the bankruptcy, will be paid completely with the sale.

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