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Showing results for tags 'motion for relief of stay'.
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My mortgage lender is sending a lot of mixed signals, so I am trying to gauge their intent and come up with a plan. I was 2 payments late and then filed Chapter 7 due to crushing CC debt and upcoming CC Trials when my 3rd mortgage payment was due. After paying all the attorney fees, I did not have money to pay my mortgage payment, so I got to the point where I was 90 days late. A couple of weeks later, I sent all of the loan mod documentation, have been cooperating with them and been sending them all the documents they'd request. I also do have a fairly good income/job now (finally!), so I put all those figures in the loan mod, saying I can pay regularly from now on, but that I have hard time closing the 3-month payment gap without the mod/some help from them. Then, I kept wondering if they'd reject my single month payment in October (since I am 90 days behind), but I sent it anyway. To my surprise, they actually took it, and continued to work on my loan mod, and there was definitely activity. But, then, BAM!, they filed a motion for relief of automatic stay and used the section of the code that lets them give me and the Court only 14 days notice before hearing, instead of 28. In their motion, they also completely ignored the fact that I made a payment in October. I told all this to my Lawyer, who is working on an opposition brief. He's confident he can beat their motion, but the whole experience left me a bit shaken regarding the lender's true intent. Now, I keep wondering if I should send any more payments or just hang on to money and catch up later in the foreclosure process. I am fearful of a scenario where I am making payments and not letting myself fall more than 3 month behind, yet the lender denies modification. If they deny the loan mod, then I really have no financial means of closing the 3 month gap. I don't want to keep throwing good money after bad and still lose the house, But on the other hand, I've heard that if I stay at 90 days late, I have a much higher chance of getting a loan mod then if I slip even further behind. What do you thiink the bank's true intent is here? Aggresively foreclose or get the stay lifted, so they can get the loan mod done more easily (without the restrictions of a stay)? The dual tracking (foreclosing on the owner while there is pending loan mod is now prohibited in California as of Jan 1, 2013), so even if they get the stay lifted, they can't record a notice of default until they approve/reject my modification and comply with HUD counseling requirements for Calif. Another thing that also puzzles me is why they're spending money on a motion for relief of stay when I am about to get discharged from Chapter 7 just around 40 days after the motion hearing anyway? Are they that antsy to begin foreclosing? Aren't they spending a lot of money on those motions for relief considering they only save 40 day by it (provided that they win). I'll never understand their ways of reasoning...