house going to foreclosure...please help

[sweetwater1719]

My husband and I filed or Chap 13 this past fall.
We had to cancel the meeting of the creditors. They lawyer never rescheduled this with us.

We began making the payments in November to the trustee, and mortgage.
The mortgage comp sent our payments back to us.
THere was a discrepancy in the dollar amount. they had us down for a few dollars more than the paper work we received from the lawyer.

They filed for a Releif from Stay.
THere was a letter that says it needs to be filed by tomorrow for this.
The lawyer said don't worry about it and we don't need to send it.

We have also been getting letters in the mail from other lawyers stating that our house was going to sherriff's sale on January 5, 2005.

Our lawyer keeps saying everything is fine.
We just want to prepare for the worst.
If our house goes into sherriffs sale on January 5th, how long would we have to get out?

We really have no where to go and would need to save as much as possible for a heft down payment to an apartment. Is there anything else we could do to save the house?

If we loose the house to sherriffs sale, could we switch from 13 to 7? we were originally filing 13 so we could keep the house.

Thank you
Heather

[HRx]

Are you certain that the motion to have the stay lifted was granted? Typically under a SS, the occupants must vacant the resident within 60-90 days. However, keep in mind that there are several instances where the home was vacated in 30 days.

Good Luck!