Quick question...need quick answer!

[jennb28]

I filed for Ch.7 on Dec.20th or so (cant really remember) anyway we went and had our hearing..everything was fine. We were to keep our house and car.

Friday, I received an envelope with some papers from mortgage co. lawyer stating that they were filing for a motion for relief of automatic stay.

I know I am behind 1 payment on my house, and a few days late for this month..but i have the money to pay now.

Does this mean they are going to foreclose? my lawyer says no..but im still worried.

What is going to happen? anything??

[robivi3]

"Motion for relief from Stay" is very serious. Get caught up ASAP. They will likely withdraw the motion. Pay now.

Do you have Chase mortgage?

it was filed on me and I caught up, they withdrew.

[HHM]

Yeah, if you have the money to catch up, then get caught up, but get in writing that they will withdraw the motion for payment of all arrears in full.

Incidently, if you have an attorney, the Chase attorney should not be contacting you directly.

[robivi3]

They probably just sent her copies like they did me. I sent my payment without any stipulations, I just sent it fast. I lucked out with overtime that week and made an extra $1200.00.

The problem will be that you have at this point incurred legal fees but the fees can be paid at mortgage satisfaction.

Your Attorney will likely not help you with this, it's generally not included in a standard BK. it becomes a seperate issue. I've been through it. Get caught up ASAP, now, now, now. save your home at all costs if you can. Homes where i am have more than tripled in three years (Broward county, Florida), we are out of land and most people cannot by now and most others cannot afford to move.

It happened to me, please catch up, losing your home is horribly damaging. If you can save some hard assets it will be to your benefit.

[jennb28]

Yeah, its Chase Mortgage. I talked to my attorney today and they are getting it handled. They are backing out of the motion of relief automatic stay and they are going to let me catch up. Luckily, I have the money from the tax refund! WHEW!!!!!!! The thought of losing my house was scaring me to death!!! TY for your quick responses!

Jennifer

[HRx]

Give your attorney a little more time to do his/her job. Typically under these situations the mortgage company will only want to deal with him/her directly anyhow.

[robivi3]

Chase will file in a heartbeat, if you are just afew days late. My Attorney did not get involved in that and should have. I finally connected all the dots with chase myself, it was a nightmare. it is a very large company.

If you are in South Florida could you please send me a PM with your Attorneys name. He sounds better than the one I had.

You probably got the notice from Codillis and Stawarski and panicked like I did. Chase will let you tack the Legal fees on to the end of your mortgage or you can pay them $25.00 per month, keep all the money possible in your War Chest.

[jennb28]

Im in SC. This waiting is making me a total wreck! When I know something is happening and theres NOTHING i can do about it..i get real nervous.

Im glad my attorney is handling it..but somehow..I think I could do it quicker...of course thats probably my impatience talking to me LOL

[robivi3]

With Chase you have to pay them. Talk to your Attorney but if catch up Chase will likely withdraw the motion.