URGENT! Mortgage Co. filed Motion for Relief to Foreclose....

[clamp]

I just went on PACER today and saw that BAC filed a Motion for Relief in order to foreclose 2/2... my 341 was 2/1.... Prior to filing I was in the process of a modification and had completed the trial period back in October... had kept modification payments current while waiting for final modification papers.... made antoher payment 12/31 the day i filed bankruptcy... they've never processed that payment...

I don't want to foreclose....I desperately want to keep my hosue and have filed papers with trustee asking for abandonment in order to complete the modificaiton process.....

I filed pro se and need to know how to respond to this motion in order to get more time to do the modification............I'm FREAKING OUT!

[2muchinDebt]

I just went on PACER today and saw that BAC filed a Motion for Relief in order to foreclose 2/2... my 341 was 2/1.... Prior to filing I was in the process of a modification and had completed the trial period back in October... had kept modification payments current while waiting for final modification papers.... made antoher payment 12/31 the day i filed bankruptcy... they've never processed that payment...

I don't want to foreclose....I desperately want to keep my hosue and have filed papers with trustee asking for abandonment in order to complete the modificaiton process.....

I filed pro se and need to know how to respond to this motion in order to get more time to do the modification............I'm FREAKING OUT!

I don't know how to help you, but wish you luck. How come you didn't wait for the perm. modification? We got ours in Dec. and file dCh 7 on Jan. 26, 2010

[ApresMoi]

I hope it's OK to post links here, but I found this website (lawguru.com) where you can ask legal questions of attorneys and get answers with quick turnaround for $40. They also allow you some followup questions (related to the same topic). They also answer questions for free, but that takes five days, which you don't have.

You might find guidance from NOLO, that has a book devoted to representing yourself in court in APs, lawsuits, etc. (I have their book on how to file Ch. 7 and remember seeing that other book mentioned). Do you need me to try to find the name?

The only other thing I can suggest is that Legal Aid Societies will sometimes answer questions once you have been served or are in a pickle.

Or see if you can hire an attorney for one hour to run the situation by him/her.

Please keep us posted.

[mhman]

It is strange. Did they send you the NOD (Notice of Default)? Normally, it takes min 90 days after NOD is filed.
Even the foreclosure happens, there are still some times to stay there. I hope you can negotiate with the lender soon.

[clamp]

My trial period was up in October... I tried waiting for the final modification to file, but just couldn't wait any longer...

[BobMango]

My understanding is that once you file the modification is canceled and all bets are off. I don't know if contacting them to talk about reaffirmation would provide any relief but it might be worth a try. Since your bankruptcy is currently active they can't/won't contact you.

[aces67]

My understanding is that once you file the modification is canceled and all bets are off. I don't know if contacting them to talk about reaffirmation would provide any relief but it might be worth a try. Since your bankruptcy is currently active they can't/won't contact you.

That is my understanding also.

[frogger]

Since your bankruptcy is currently active they can't/won't contact you.

They can contact you if you and your lawyer give them specific permission to do so. I have been in constant contact with a couple of my lenders to make a smooth and orderly transfer of some property.

Permission was granted in writing at the 341 in front of the trustee. It has worked out well in my case. It has been helpful to everyone involved.

The bankruptcy or owing the creditors any money has not been mentioned. Just the things that were a normal part of business.