Relief of stay and foreclosure timeline

[mia111]

Hello All, and Happy belated FathersDay to any Fathers.
I have a question, our mortgage company tried to file a relief of stay in
March,but our lawyer objected it and set us up on a new mortgage plan to
not only cover the current morgage but the past due as well to stop the relief
he won the objestion and it said that we had to pay it by May 1st, it also stated that we had 30 days after that and if the payment was not made the relief would be granted. My husband
went on strike between that time and we had no income at all, which we notified our lawyer of and he never responded , so needless to say we did not pay by May 1st or 30 days after and it is now June,my question is how will we know that the relief is granted and how soon after will the foreclosure
process begin,we are in Ohio and we know how long the foreclosure process takes, we just want to be sure before we move that it has started so we won't just adandon our house. We also want to switch to Chapter 7 and our lawyer has stil yet to contact us or return any of our call,letters,emails,or faxes.

[poorme]

The court will issue a written notice of the Relief to all interested parties in your case, so you'll know when they were granted. Do you access PACER? Yo could check on it that way.

[lrprn]

So sorry to hear about all your troubles, Mia

We also want to switch to Chapter 7 and our lawyer has stil yet to contact us or return any of our call,letters,emails,or faxes.

Have you gone to the office and refused to leave until he comes out and talks to you?

You need to report this lawyer for abandonment. You can find out who to contact for your state here - http://www.nbtanet.org/public/discipline/index.shtml . Some states even have funds available to help folks who have been hurt by poor representation retain a new lawyer. Hope things start looking up for you soon, mia.

[mia111]

Thanks Iprn for the info and kindeness
I tried going to his office in the past and not leaving until he spoke to me,but he left out the back door,and his assistant claims she didn't know he left,we saw him driving away.
So far the only letter we recieved was saying our mortgage was transfered/sold to a diffrent mortgage company.I have checked Pacer and it doen't show the lift granted or anything about Foreclousre unless I am not looking in the right place.Also we stil kept recieving monthly mortgage payment statements.We want to move in August because we found home to rent who doen't care about our credit,serveral places turned us down,so we don't want to miss out on moving ,but we don't want to just abandon the house if the relief is not granted by then and forclosure has not started or does it matter when you move,thanks again all God Bless

[lrprn]

Thanks Iprn for the info and kindeness
I tried going to his office in the past and not leaving until he spoke to me,but he left out the back door,and his assistant claims she didn't know he left,we saw him driving away.

Well, that pretty much defines lawyer abandonment. It's obvious he isn't going to help you, so please report this to your state's legal agency (link to the numbers to call are in my post above) and then formally fire him from your case. Once you are free of this horrible person, then you can approach another lawyer to help you after that, even if it's just to get a few free consultations about what's the best thing to do about your house.

We want to move in August because we found home to rent who doen't care about our credit,serveral places turned us down,so we don't want to miss out on moving ,but we don't want to just abandon the house if the relief is not granted by then and forclosure has not started or does it matter when you move,thanks again all God Bless

Doesn't matter when you move. If you are going to allow the house to be sold or go to foreclosure, lock it up and keep your home insurance paid in case there's any accidents on your property there until it's sold or the formal foreclosure process is complete and the mortgage company has taken possession of the house.

Hang in there, mia - there are brighter skies ahead.

[mia111]

thanks again Iprn I will look into filling a compliant against him,
thanks so much things are looking better my husband will be getting a raise soon,thanks god bless

[demismom]

Yea, just abandon the house, but keep up the insurance - that's what we did. We currently have renters in there, who won't pay rent, but we keep the insurance, just in case AND on the advice of our attorney. I actually called the mortgage company and say I am abandoning the house to you effective immediately.

[mia111]

Thanks Demismom
so I can actually call them and tell them (motgage co,attoney)etc I am adbandoning the house
before it actually goes into foreclosure
do I have to tell them where I a moving
I guess I am scared that if I moved to soon they would try to say
that they won't foreclose and make me pay my mortgage payment
and then I would be stuck with two houses, I just want to make sure it is going into foreclosure,but if we haven't paid it should
sorry it that seemed dumb
thanks again Michelle

[BassBoy]

You can call the lender to tell them you're leaving the property, but DO NOT tell them where you are moving to. It's non of their concern.

It doesn't matter when you move out of the house. It will not affect the foreclosure process. You've stopped paying the mortgage and the lender will definately foreclose. You will not be stuck with 2 houses.