Legal Question in Real Estate Law in Georgia

I'm in chapter 13 and I asked my mortgage company for a payment history on 1/2/2015. I have not received this information. As a result of this request they are stating that we are 3 months behind on our house payment. They are refusing to take our payment because they said that we would be 2 payments behind instead of 3 payments behind. They have filed a "motion for relief" this is something that we do not understand, any advice?

Asked on 1/26/15, 6:15 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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Your post here indicates you have made one of two horrific catastrophic mistakes. Either you have a lawyer and are bypassing his advice online, which is extremely foolish (since you paid him for the whole case already and he knows the facts of the case and is the only one who can file paperwork in response to the motion), or evebn worse, you are doing a pro se Chpater 13 (the failure rate on those is very close to 100%) and are about to be outmaneuvered on a motion where you do not know how to respond. In you are situation one, call your lawyer. In situation 2, it may be too late to fix things, but hire counsel - such motions are commonly dealt with by attorneys. Otherwise, expect the mortgage company to get permission to foreclose and watch your whole chapter 13 collapse.

Answered on 1/26/15, 6:49 pm

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