Help! Ch 13 and (groundless) Motion to dismiss automatic stay

[karly66]

What is the name of your state?What is the name of your state? New Jersey

Hi...this is a bankruptcy and mortgage question. I am in Chapter 13, have a plan through my Trustee to pay mortgage arrears, which has been kept current. Additionally, I have paid post-petition mortgage payments to my lenders faithfully.

In FEBRUARY I was notified that my second mortgage holder had filed a motion to vacate the automatic stay. They claimed I was 90 days behind. I am NOT, have not missed a single payment since filing.

To make a VERY long story short, my lawyer keeps dropping the ball. This has had to be adjourned twice because I was given the wrong information and hence provided the wrong documentation and proofs of payment.

Comes down to this. It is not THREE payments the mortgage company did not record- but FIVE. They were not the most recent ones as I had been told, but were from 2003! I have provided proof of all five (cancelled bank checks and postal money orders)- which were definitely cashed by the mortgage company. My lawyer has not returned phone calls and I don't even know the status of the hearing that took place several days ago because of that fact.

Do I have any legal recourse against the mortgage company? They either lost those payments, applied them to pre-petition arrears, or misapplied them in some other way. Are they held accountable for this in any way? I have asked these questions of my lawyer- and gotten no answers.

I'm worried I am going to end up losing my house through no fault of my own. And, if I don't- am still concerned that I am going to end up paying court costs and legal fees when I did nothing other than pay my mortgage on time.

Also, don't know what to do about my lawyer. I have to deal with them for another 24 months before my bankruptcy plan is completed and I am discharged. Don't really want to rock the boat, but am very concerned with the way my case is being handled and their lax attitude toward conveying information and returning phone calls.

Please let me know what you think! Greatly appreciated!!! Karly

Originally Posted by karly66

What is the name of your state?What is the name of your state? New Jersey

Hi...this is a bankruptcy and mortgage question. I am in Chapter 13, have a plan through my Trustee to pay mortgage arrears, which has been kept current. Additionally, I have paid post-petition mortgage payments to my lenders faithfully.

In FEBRUARY I was notified that my second mortgage holder had filed a motion to vacate the automatic stay. They claimed I was 90 days behind. I am NOT, have not missed a single payment since filing.

To make a VERY long story short, my lawyer keeps dropping the ball. This has had to be adjourned twice because I was given the wrong information and hence provided the wrong documentation and proofs of payment.

Comes down to this. It is not THREE payments the mortgage company did not record- but FIVE. They were not the most recent ones as I had been told, but were from 2003! I have provided proof of all five (cancelled bank checks and postal money orders)- which were definitely cashed by the mortgage company. My lawyer has not returned phone calls and I don't even know the status of the hearing that took place several days ago because of that fact.

Do I have any legal recourse against the mortgage company? They either lost those payments, applied them to pre-petition arrears, or misapplied them in some other way. Are they held accountable for this in any way? I have asked these questions of my lawyer- and gotten no answers.

I'm worried I am going to end up losing my house through no fault of my own. And, if I don't- am still concerned that I am going to end up paying court costs and legal fees when I did nothing other than pay my mortgage on time.

Also, don't know what to do about my lawyer. I have to deal with them for another 24 months before my bankruptcy plan is completed and I am discharged. Don't really want to rock the boat, but am very concerned with the way my case is being handled and their lax attitude toward conveying information and returning phone calls.

Please let me know what you think! Greatly appreciated!!! Karly

Delete this thread and keep all your questions in your other thread.

[karly66]

Don't know how to delete the thread, and replied to your concerns as to why I "double posted" in the other thread you have referenced here. Apologies to you, and to anyone else I may have offended.

[karly66]

I really don't know what to do. Finally got through to the woman at the lawyer's office....it's adjourned again. I asked her why- she claims not to know (which I find hard to believe) since she has supposedly not talked to the lawyer, her boss who works in the same office, since the hearing on Tuesday. However, she said she has numerous calls in to the mortgage company's lawyer. Anybody else think that's fishy? Would she really be calling them if she had no idea what had happened at court earlier this week? Am I deliberately being kept in the dark, or am I just paranoid? *L* This is all so confusing....