UH-OH!!! BIG PROBLEM?!? lrprn...you there?

[brokeinmichigan]

Today we rec'd in the mail a notice of Preliminary Hearing (4/24/07) and Final Hearing (5/15/07) for the Motion for Relief from Automatic Stay from our Mortgage Company, CHASE.

It's after hours, so our attorney isn't available...don't know if he's rec'd the same thing.

The date is ONLY 1 WEEK FROM NOW! Chase is holding our March payment, I assume, since it hasn't posted yet, so it looks as though we are 2 months behind.

YIKES...anyone with experience feel free to chime in with suggestions!

BTW...our 341 isn't until June 6!!!

[jal1129]

Did your attorney know you were behind on your mortgage when you filed and if so what did he/she say about it?

[brokeinmichigan]

Well, when we initially met with him, we weren't behind. It took them a little longer than anticipated to actually file....finding a loophole, waiting for a certain date that exemption amounts changed, then computer problem with the online filing system. So, by the time he filed, we were indeed 1 month behind (March). That payment was sent, but still has not been posted. April is due (well now overdue by 2 days), but will be sent next week. He said to get current soon, so that we can reaffirm.

[lrprn]

Your lawyer will receive the same relief-from-stay notice you did.

Since you filed being one month late on your mortgage and Chase hasn't posted the payment yet, and now you are sending the mortgage payment late again a few days past your grace period, you could have a big problem. Your lawyer is right - you need to do whatever you can to get current on your mortgage as soon as possible. Right now as things stand, you've opened the door to Chase being able to foreclose on your mortgage loan - they've already started that process in motion. How much equity do you have in your house? (house value compared to the amount owed on it)

Be sure to call your lawyer first thing in the morning to sort out what to do in this situation. Sorry you are having to deal with this - hang in there. I hope everything works out ok - keep us posted.

[robivi3]

I am experienced with Chase. If you have one payment in transit and one with them and it makes you current then you will have to get on the phone and play connect the Offices. I have lost the phone numbers as Chase is a distant memmory. You have to connect the BK folks in one part of the US to the payment peopkle in another. Once they connect your payments they can withdraw the motion. You did not contract for this with your Attorney so this is likely your problem, no matter what anyone here says it is not your Attorney's deal at this point. I know this.

You Lawyer may help but not necessarily. This is not an argument nor do I care to debate whether you can sue him blah, blah, blah or he is bound by statute blh, blah and all the pointless debates people get into here. You need to move VERY fast to save your home and you need to prepare tonite to know that tomorrow it may be your solo fight.

You have to move now to connect any payment sent with any held payment. Once they withdarw they will normally tack Atty. fees on to the end of the Mortgage.

I had one payment held, NOT BEHIND, by the BK Office and thus recorded as not recieved. We had to play a quick phone connect game to connect the payment. It was last minute and they withdrew, they did not let go of the fees.

[brokeinmichigan]

robivi3~

Thanks for your input. I will try to contact Chase tomorrow, as the payment STILL hasn't posted! If nothing else, I'd love for them to tell me exactly what the heck they have done with the check. I will handle this myself...

Luckily, though, our BK attorney IS handling the court part of it for us. Got email from him today that he filed whatever it is he needs to, and that he will be at the prelim hearing next week if it happens. We don't have to be there, but can if we want to. I believe he is handling objections, etc that occur. So far, we trust him immensely. He's experienced, and has a great para-legal that is on top of everything and more importantly, quick to reply!

Hoping for brighter skies ahead....

[lrprn]

BIM, did you send your mortgage payments to the regular Chase address you've been using before you filed? If you did, ask your lawyer to contact the bankruptcy side of Chase Home Finance to get things straightened out - the number to call is 1-888-332-3412.

Since you filed with a lawyer, all contact with Chase should come through him/her unless they say it's ok for you to call. Contacting Chase yourself without consulting your lawyer first could be risky if you say the wrong thing - something their collectors are expert at getting you to do.

Robiv3 is right - you need get your mortgage caught up immediately. Chase hasn't wasted any time coming after your house because they think it's vulnerable because with payments in arrears after filing, it is! Do you have family members or friends who can lend you money now to get the late house payment made and you can pay them back after your Ch 7 is discharged and closed?

[robivi3]

Broke, if it ain't to late BE THERE!!!!!!!!!!!! Your home, muy importante,. BE THERE!!!!!! Sorry i did not come back sooner.

[robivi3]

Our Lawyer was also going to deal with Chase RE: The Court but I had to play "connect the payment" and they withdrew. Hang in there... you can do it.

[robivi3]

the upside is that once it's over you can dispute (POST BK) and Chase will likely remove the late. They did for us (we were not late, the BK Office held the payment after it was shuttled to them, we were beyond the 16 day point I believe at that point). They are huge and they are CONFUSED!!!

When you contact them it is very hard to get them to pronounce the Attorney name clearly and they would not spell it for me (is it Stebiarski & ?). They begin to play a game that is unreal and will even give you wrong numbers or the line will hang up when you press a certain one from the menu. It is a cruel game but the scheister Chase Lawyers get their money. I called some number easily 30 times to get a competent person truthful enough to answer me and finally got a competent person willing to play "connect the payment". I got good enough in this process of WHEN YOU NEED REAL HELP to hang up or hang on based on darn near immediate phone answer.

[brokeinmichigan]

Thanks to everyone for the input...the good news:

Atty filed objection to the MTLS last Thursday. Hearing set for yesterday (4/24) was adjourned until May 15th. YEAH!!!

For clarification...we were CURRENT on mortgage when we met with our attorney. However, he delayed filing because of some new numbers that worked in our favor. By the time he actually filed, we were LATE . We actually used our $ for our mortgage to pay our atty. But, the mortgage payment was sent the same day, and has been held by Chase since then. We just received our regularly scheduled statement, but it said it was "for info only....not an attempt to collect a debt", etc...as I expected from everything I've already learned from the great bunch of folks here. It also says that "if you'd like to continue to make payments, you can do so", but it's voluntary. Whatever...we're sending them. But I think we'll hold off on reaffirming.

Thanks again for all of the helpful hints...

Hoping for brighter skies ahead...

[Granny]

I am currently paying Chase also. I have been overnighting my payments to them each month so that
1. They get them on time
2. I have proof of delivery

They are being sent to Columbus Oh. It is still taking them 5-7 days to clear my bank. The first month I attempted to pay at my local branch, but the payment was refused.

Just FYI, I'm doing a 13 and didn't reaffirm, just made my usual payment.

Good luck.