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Help! Chase filed a motion to lift automatic stay!

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    Help! Chase filed a motion to lift automatic stay!

    So we are only 1 month behind on our mortgage with Chase. We set up a repayment of that month (half this month, half next month then we are current). We did this the day before we filed Chapter 7. Since I made a payment plan with them, am I OK? I am freaking out and shaking! We want to keep our home.
    filed Ch 7 6/11/10
    341: 7/16/10http://www.bkforum.com/images/smilies/clapping.gif

    #2
    Wow! You filed six days ago and Chase has already filed for relief from the automatic stay? Do you have a significant amount of equity in your home?
    Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
    Filed Chap 7 - 12/31/2009
    341 - 2/12/2010
    Discharged - 4/19/2010

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      #3
      we are actually upside down in our home. Bought for 173K and it's worth maybe 145K. My lawyer says I shouldn't worry but I am still freaking out. Made the payment plan with Chase on the 10th and will be current on mortgage July 31st.
      filed Ch 7 6/11/10
      341: 7/16/10http://www.bkforum.com/images/smilies/clapping.gif

      Comment


        #4
        I haven't made a payment on my second (with Chase) since my 341 hearing four months ago. And I may have a little equity in the loan. Who know how they make their decisions.

        I wish you the best!
        Wife Laid off - 11/16/2009 Missed First Payments - 12/5/2009
        Filed Chap 7 - 12/31/2009
        341 - 2/12/2010
        Discharged - 4/19/2010

        Comment


          #5
          My mortgagee filed for a relief from the stay about 4 or 5 days after our filing. Per our attorney, just business as usual, don't sweat it. I suppose, they may want to accelerate the foreclosure process which in our case is OK as we are surrendering. TBS, it's been over two months and we haven't heard a peep from them.

          Comment


            #6
            Originally posted by jpsugar123 View Post
            So we are only 1 month behind on our mortgage with Chase. We set up a repayment of that month (half this month, half next month then we are current). We did this the day before we filed Chapter 7. Since I made a payment plan with them, am I OK? I am freaking out and shaking! We want to keep our home.
            In the long run, probably nothing to worry about. The MTLS are practically automatic if you are in default in anyway. It may create some practical hassle in the short run, but once the stay is lifted, probably just get in touch with Chases BK department and reestablish the agreement you already had with them.

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              #7
              I was 2 months behind they said on the motion (lawyer has it, I haven't gotten my copy yet). The reason it said 2 months was because the payment wasn't posted yet for this month. So I am only 1 month behind. Do we go to court over this? Can I tack on attorney fees (chase's) at the end of my loan? This sucks!!!!
              filed Ch 7 6/11/10
              341: 7/16/10http://www.bkforum.com/images/smilies/clapping.gif

              Comment


                #8
                So I spent all night in a state of panic and crunched some numbers. Turns out I can be current(less Chase's atty fees) by June 30th which is before the july 7th date. Would the motion to lift stay be more likely to get dismissed then?
                filed Ch 7 6/11/10
                341: 7/16/10http://www.bkforum.com/images/smilies/clapping.gif

                Comment


                  #9
                  It is odd to me that they move so fast on some and slow on others. In my case I have not paid them since October for the Nov payment. They started foreclosure after about 3 months and the house is/was set to go to Trustee sale on June 25.

                  I file CH 7 on May 21; I have not heard a peep out of Chase???

                  In my case I don't care how fast or slow they move. I don't live there anymore and the tenants are prepared for what is coming, we just don't know when Chase will take the house back.

                  Best of luck.
                  Filed CH 7 - 5/21/10, 341 Meeting - 7/9/10, Report of no distribution - 7/12/10
                  Last day to object - 9/7/10
                  Discharged - 9/14/10
                  Closed - 9/21/10

                  Comment

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