Notice of Appearance

[NOMO$$]

I saw this on today Pacer from Countrywide Mortgage, what does this mean?

[HHM]

Since its a mortgage company, its not uncommon. It means that they have "appeared" in your case, meaning they are now tacitly involved in the case, meaning they will get notice of any pleadings filed in your case.

What are your intention's with this creditor?

[NOMO$$]

I am re-affirming the mortgage, or at least trying to. I am in Texas and just recently made a payment in order to get caught up.

[HHM]

I see.

You filed a chapter 7 while behind on our mortgage? The notice was probably autogenerated because its a chapter 7 and you were seemingly behind when you filed so there next move would normally be a Motion to Lift Stay to foreclose on your property. However, if you are now caught up, they may do nothing.

[NOMO$$]

I just received a motion for relief from stay from this creditor and they are stating that the mortgage is 3 months behind. We paid $2500 for the January February payments which were late and we are paying the march payment of $1200 tomorrow. It states as well that we are unable to pay the insurance and taxes, because the escrow count is in arrears. How do we go about solving this? Our attorney doesn't seem to think it is too serious, but of course we are extremely scared. What are the odds of them taking the house if we get completely caught up?

[HHM]

Its usually not a big deal, and if you are or can get caught up, the court will usually just grant the mortgage company an "Adequate Protection Order".

However, the fact they went to the trouble to file the Motion to Lift Stay is not a good sign.

[klux]

My mortgage is with Countrywide also, and I am going to be doing a Ch 7. They told me that as long as my mortgage was current I would be fine. I requested a statement to show what was needed to reinstate the mortgage, it included escrow arrears and everthing. I paid it and now I guess all will be fine. Just to let you know I thought I was only behind by 2 payments, but with the escrow and all I ended up having tosend them $3012.00, and a mortgage payment is only $645.97. Good luck, and I hope your not as far off as Iwas in computing what they need. I also was told that with a Ch. 7 countrywise doesn't let your loan get past 45 days late, or they start the foreclosure process. I know all this because I am currently in a Ch. 13 and have had to deal with them alot. I hope this helps. IF you have any other questions, let me know.

[NOMO$$]

U

Update as of today:

Contacted my attorney twice before calling Countrywide myself. He is a low cost attorney, so he is so busy it takes quite a bit of time to get responses. I called them and first talked to their normal customer service division about the payments I had made to catch up.

Our mortgage payment is $1175 and we were behind for January and February and didn't make March's payment until today. I made a payment of $2500 last month in order to pay for January, February, and any additional late charges or escrow shortages which may have been there. I made a pament of $1300 today in order to pay more than I anticipated being due so that everything would be overpaid.

The first customer service agent told me that everything was paid up to February, but I needed another $625 to make the mortgage current for February and then another $1175 to pay for March. So after a little bit of calculating they told me that I was still deficient for around $500. I told her I would bring that check up to them within an hour. She then transferred me to the Bankruptcy department.

I confirmed the financial status for the previous payments and total outstanding payment due for the account and she told me after speaking with another Bankruptcy Supervisor there that they would not cash my check for $1300 until i signed a reaffirmation agreement with their attorneys in Houston. So I then contacted my attorney to fill him in and find out what we needed to do.

He told me that he would have to answer their request for lift of automatic stay stating that we were current as of today since the March payment is due on the first but not completely late until the 30th. He tells me that since they cashed my check for $2500 and applied it to the late fees, negative escrow account, and principal after I had filed for BK, that they were in violation of the automatic stay.

He has dealt with these attorneys before, and they are wanting to foreclose, because they receive a good chunk of the equity after the house forecloses and sells. Since I have about $20,000 in equity they are being rather difficult.
They are stating in the lift that I am 3 months in arrears including March and that I haven't been paying my taxes and insurance. Their customer service told me to do this when I had problems paying the entire amount. They told me to pay principal and interest until I was able to catch up on the escrow. Now they are wanting to foreclose because I am $500 behind, what a waste of their time.

He feels that our best course of action is to respond with an adversary proceeding regarding their violation of the automatic stay in order to get them to back down.

Bottom line is I am frantic about losing my house, so what are your feelings on this process and do you have any words of advice.

[HHM]

Sounds like a plan to me!

[NOMO$$]

One thing I just recalled was that the check was made out to Countrywide from my Girlfriend's account, will this make any difference or is it the fact that they accepted money toward my account?

[BrokeCh7]

Good luck

It sounds like having the extra cash to contact another lawyer is in short supply. Check if you have any public resorces that what help you keep your house, maybe even Fanny Mae might have something in place if your loan is with them. In Los Angeles we have a place called Legal Grind for $25 you get a coffie and 15 minuntes of legal advice. It is short so drink your coffie first and have your questions writen out.

[NOMO$$]

I went to the BK court and my attorney advised me to allow the lawyer for Countrywide to lift the stay. Their attorney said as long as we allowed them to lift the stay then they would work with me to accept my checks and bring me current.

I paid them and everything is looking good, what a stress this whole process is!

Once you have gotten this far.....it's all down hill!

Good luck to everyone, and remember circumstances do not define character, how you respond to those circumstances defines you character!