Legal Question in Bankruptcy in Massachusetts
Relief of Stay
Recently our mortgage co. has filed a motion with the court for Relief From Temporary Stay for failure to pay. They state we are 3 months in rears on post petition payments including October. Totaling over $7,000. We have been making electronic payments to them almost 1 year with no problem up until august. We were not notified they we no longer accepting payments electronicly. We feel due to lack of communication and electronic error this has occured. We do have $4,000 to help bring us up to date. We have agreed to start making payments through the Mortgage Co, Attourney. We want the mortgage Co. to remove their motion from the court and try to remedy this right away. What can we do to fix this mess and not lose our home to foreclosure while in chapter 13?
1 Answer from Attorneys
Re: Relief of Stay
If you are represented by an attorney, contact your attorney right away. these motions are handled very quickly, and if you delay, you could lose important rights. If you don't have an attorney, call me and I will see if I can help you.