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Mortgage Relief from Stay and Abandon granted

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    Mortgage Relief from Stay and Abandon granted

    Okay so my lawyer isn't the greatest and he is impossible to get ahold of, so I have a few questions.
    I am in Chapter 13 bankruptcy and it is about to be discharged.
    My mortgage company filed a relief from stay because I was delinquent on my loan. The stay was granted on May 29. On June 1, I paid my mortgage current.
    1. Do they still have to go through the normal foreclosure process?
    2. I owe $400.00 for late fees, which I will pay in two weeks. What else should I be worry about?

    #2
    Well, you still technically owe them money (the late fees), so yes, they can still proceed with foreclosure. Will they???, that is another questions.

    When you fall behind on a mortgage payment in a chapter 13, the Motion for Relief from the lender is practically automatic, and usually there is no defense, so there is no reason to respond.

    Just get in touch with the lender...now that the releif of stay has been granted, they can talk to you, so don't let them give you the "your in BK, we can't talk to your routine", and get them on board with your plan to catch up.
    Last edited by HHM; 06-03-2009, 09:52 AM.

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      #3
      I spoke with them yesterday day and they basically told me that I was considered current and as long as I make attempts at making the late fees I should be okay. Some departments at the bank tell me to call their lawyer, that is when I start to get freaked out. They keep telling me that paying money will do no good. The bank said that as long as I am not 3 payments behind they will not file foreclosure. I just wanted some reassurance I guess.

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        #4
        I know its stressful and all and I think the important thing is that your trying and making communication with the bank. HHM mentions a great point now your not in bankruptcy the mortgage company can actually talk to you now with options without having to deal with the Guombahs in the bankrupt department!
        Started in Chapt 13 Switched to Chapt 7 Discharged 2009 Dec.........Filed New Chapt 13 in 2010 to deal with new surgery bill and stripped second mortgage! The story continues

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