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Motion to lift releif of stay for mortage?


doc20002001
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I just got my chp 13 confirmed on jun 28th and as part of it they took 3 months of my past due mortage with wells fargo as part of my payback. i just paid the june mortage and still owe july and wont have that payment for 2 weeks, when i called to pay junes mortage today they took the payment and said they filed a motion to lift the relief of stay, what will happen now. im afraid the trustee will drop my chp 13 and discharge it. does anyone knows how this works? i will be caught up with all payments within 2 weeks.

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I just got my chp 13 confirmed on jun 28th and as part of it they took 3 months of my past due mortage with wells fargo as part of my payback. i just paid the june mortage and still owe july and wont have that payment for 2 weeks, when i called to pay junes mortage today they took the payment and said they filed a motion to lift the relief of stay, what will happen now. im afraid the trustee will drop my chp 13 and discharge it. does anyone knows how this works? i will be caught up with all payments within 2 weeks.

 

Are you delinquent on your post-petition mortgage payments? Or are you talking about mortgage payments that you didn’t make pre-petition that are now part of your 36 month (or 60 months if you went that route) repayment plan of creditors?

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  • 4 weeks later...

Old thread, but if it is pre-petition arrears then answer the motion stating a lack of basis for relief based on the fact that the trustee is to pay the arrears.  If it is post-petition arrears, then you either PAY THE ARREARS IN FULL or if you cannot, then call the attorney who filed the MFR and agree to "stipulate" to either pay additional mortgage amounts to get caught back up or see if the lender will allow the post-petition mortgage arrears to be shoved back in into the Chapter 13 plan.  The plan then has to be modified by motion.

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  • 2 months later...

i spoke with my lawyer and she said the trustee wont pay wells fargo as WF cant prove ownership of my house or cant provide the deed so wf hasnt agreed to the rearagges and since we are 2 months behind im looking into a loan modification as i faxed the paper work to WF, ive heard the screw people around so as a backup i am looking into a loan modification lawyer - what do you guys think? my lawyer doesnt do them and she isnt offering to much info on that as she said i could try that or when dec and january comes i get over 10k in bonuses and could pay it all then but then id be tight on money for 2014. id prefer a loan mod does anyone know any reputable loan mod companies?

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  • 2 weeks later...

You can do a loan mod yourself.  Just be persistent (call them at least twice a week and check in with mod rep).  Note that if you get a loan mod, you need approval of the Chapter 13 court before the lender will approve the final mod.  That's done by motion.  And, if your mortgage payment is reduced and you want to stay in the chap 13 plan, then the Chap 13 payment may be impacted (ie worse case scenario it goes up by an equal amount of the mortgage payment reduction).   Not always though.  It depends on your schedules I & J and the practice of your local trustee.

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