Geekguy Posted June 7, 2004 Report Share Posted June 7, 2004 I filed CH7 acouple of months ago and had the 341 meeting last week. I am current on my 1st mortgage and about a month behind on my 2nd. I have been sending payments and will be caught up before the end of June. Since filing I have received no statements of any type from the mortgage company. Last week I recieved a notice that they are filing for "relief from automatic stay" and that this is scheduled for the end of June. Yesterday I recieved a statement from them showing payment due, past due amount, unpaid late charges etc. My dumb question is: By sending me this statement are they somehow in violation of the automatic stay?Thank You Link to comment Share on other sites More sharing options...
LadynRed Posted June 8, 2004 Report Share Posted June 8, 2004 Technically, yes, its a violation. Realistically its more like the right hand not knowing what the left hand is doing.If you don't get the arrearage cleared up, the BK court will grant the relief from stay and the bank will foreclose. Do you have a lawyer ? Link to comment Share on other sites More sharing options...
Geekguy Posted June 8, 2004 Author Report Share Posted June 8, 2004 Yes, I have a lawyer. I will be caught up before the relief hearing. I was just wondering if I could use the statement for leverage on the late fees. Link to comment Share on other sites More sharing options...
LadynRed Posted June 9, 2004 Report Share Posted June 9, 2004 Give the statemen to your lawyer - any leverage could help Link to comment Share on other sites More sharing options...
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