Need Advice PNC seeking "Relief from Stay"

[Monty2000]

My first post, first real problem since my Chapter 13 started about a year ago. I've fallen about a couple months behind on my PNC Home Equity loan. They just served me with papers to get a Relief from Stay. Pretty annoying, I just called them last week to work out my late payments, and they respond with the legal papers. Probably a Rookie Mistake on my part

I dont have an attorney, we parted ways after my bk was discharged after a disagreement.
Couple of questions.

Will my Trustee help me at all? Is he obligated to do so.
If not, can you tell me what papers I need to file to be heard in court on the matter.
I will be able to pay the back payments in full to PNC by the time of the hearing in late January. Should I bother to call them directly and try to work with them. My first phone calls to them did not work out very well.
PNC has been charging me late charges forever. Is there a way to add them to my BK to keep them from doing that? That might be my best option.

Thanks for any help. I just found this forum, looks like there is some great info here.

Monty

[lrprn]

Ok, let's see if I understand your situation.....

My first post, first real problem since my Chapter 13 started about a year ago.

Did you file Ch 13 before October 18, 2005 or after?

I've fallen about a couple months behind on my PNC Home Equity loan. They just served me with papers to get a Relief from Stay. Pretty annoying, I just called them last week to work out my late payments, and they respond with the legal papers. Probably a Rookie Mistake on my part

Yes. However, any mortgage company would start legal proceedings against you after several months of missing payments during Ch 13, even if you hadn't contacted them. Any reason you waited until you were several months in arrears before talking to them?

I dont have an attorney, we parted ways after my bk was discharged (??? how could your Ch 13 be discharged if you are still in it???) after a disagreement. Must have been one heck of a disagreement!

Being in Ch 13 without an attorney is incredibly risky as you have just found out. Have you spoken with another Ch 13 specialty lawyer since you are currently without representation and now have a court action filed against you?

Couple of questions.

Will my Trustee help me at all? Is he obligated to do so.

Some trustees may help you with simple matters, but they are not your lawyer and cannot act on your behalf. It's important to remember that your trustee is there for your CREDITORS, not for you!

If not, can you tell me what papers I need to file to be heard in court on the matter.

You need to immediately set up 2-3 free half hour to hour consultations with area bk lawyers in your area. Yours is now not a situation to be handling pro se (without representation). Your home is at stake here, and your mortgage company is trying to lift the stay to foreclose on you for non-payment. You need excellent legal representation to deal with this. A revised Ch 13 plan could fix everything, but with a secured creditor heading quickly to court, your time to do so is fast running out.

I will be able to pay the back payments in full to PNC by the time of the hearing in late January. Should I bother to call them directly and try to work with them. My first phone calls to them did not work out very well.

All the more reason to contact several experienced bk lawyers in your area right away!

PNC has been charging me late charges forever. Is there a way to add them to my BK to keep them from doing that? That might be my best option.

If you are late with your mortgage payments, even if you are in Ch 13 they can charge you late fees. Sometimes if you are in arrears on your mortgage when you file Ch 13, the mortgage company charges a late fee every single month until the payments are caught up - that can go on for years. You need a lawyer to help straighten this out.

Thanks for any help. I just found this forum, looks like there is some great info here.

Monty

Glad you found us and we do want to help, Monty. You are in a pickle at the moment, that's for sure!

[SinkingFast]

There are a couple of situations where the Court will act on behalf of a Pro Se filer. To make sure you understand what you're doing when you sign a Reaffirmation Agreement. To make sure Reaffirming does not place an undue financial burden on a Pro Se filer. By and large, as Lrprn said, the Trustee is there to work on behalf of your Creditors.

Since you are still paying on your Ch 13 Plan, did you perhaps mean your attny and you parted ways once your Plan was Confirmed??!! Confirmed means the Court agrees to your payment plan. Discharged means you're done with your BK, no longer responsible for your debts.

Lrprn's question about when you filed is very important. Old Law filers follow Old Law rules. New Law filers fall under New Law guidelines.

Part of the reason you're having trouble dealing with your 2nd Mortgage holder is because you're in BK. Once you file BK, your Lender moves your acct from regular Customer Servicing to a special dept. People trained to know what they can and cannot say and do for and with you because you're in BK.

Maybe others better versed in legal wrangling will chime in about what you can or cannot do to fix this situation.

[Monty2000]

Sorry, Confirmed is the word I was looking for. I think I filed pre october 18, but I will look into that and get back to you.

Thank you for the detailed answer lrprn, and for pointing out how serious this can be. I didnt really think it was that big of a deal, especially becuase I can catch up so quickly with the back payments.
The Home Equity was never figured into the BK because I was current with the payments at the time. I stayed current for the past 12 months, although when I saw my payment history, I noticed the late charges. Didnt seem right that they should be doing that, so I called them. That's where I'm at now.

I will call a couple attorneys tomorrow, I got the immpression that a lot of people read this forum to learn how to handle their own bk's. I kind of thought I could file some papers to stop this, be heard in court with a plan to pay, make the payment and be done with it.

You are correct, my home is at stake. This is important.

Yes, seperating from my original attorney was interesting to say the least. I appreciated him for his knowledge of the BK law, but I could not put up with the complete loss of interest in my case after I made payment. Everything was complete in my case, and he seemed annoyed that I tried to call to find information that was important to me.

[Monty2000]

I've been making payments to my trustee since August 2005. So I guess I am Old Law.

[Monty2000]

I spoke to PNC this morning, they have offered me an easy way out by just coming current to the loan. approx $1800. I plan to make that payment tomorrow. Next month will be tough, but hopefully things will start to get better in the new year.

Been reading this forum since I found it last night, I'm surprised to see so much info on Refinancing homes while in a BK. If I could magage to get a refi, and roll all my payments into it, even with a higher interest rate, I could drop my total bill by a lot. I currently have about 300K in equity in my house.
I guess it's best I find a way to stay current with all my payments for while.

[tradewiz50]

I currently have about 300K in equity in my house.
I guess it's best I find a way to stay current with all my payments for while.

You think you can handle it?

[lrprn]

You think you can handle it?

Tradewiz, why did you make this sarcastic comment to Monty? If this is what you consider a supportive or informative comment, it's not. If you meant it as humorous, it's not that either. Please refrain from these "poke the bear", mean-spirited comments in the future or you are well aware of the consequences.

[Monty2000]

Yea - what he said - I really didnt know what to think of that comment. I've been around way to long to let it bother me, if that's what it was supposed to do. I guess he was trying to say that a person with 300k in home equity should not have financial problems, but then that's absurd, so I just didnt respond.

Been talking to a couple of Banks about a Refi - starting to look appealing. I'm sure there is a lot to learn, gotta go reading.

Later