Legal Question in Bankruptcy in North Carolina
missed 1 mortgage payment received motion for relief since letter came have paid payment and late fees what will happen
Asked on 1/04/10, 2:40 pm
1 Answer from Attorneys
Thomas Zimmerman
Zimmerman Law Office
Unusual for a creditor to act in the circumstance described. Answer the Motion, if the creditor took the money, the issue if moot. Check your records to be sure you are correct and current. Attend the hearing if the creditor does not withdraw the motion. If, some how, you are wrong about being current, and the court grants stay relief, convert to a Chapter 13 and cure in the plan. You may have to file a motion to reinstate the stay to prevent foreclosure. I would be greatly surprised if the judge let it go this far.
Answered on 1/10/10, 7:53 am
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