relief of stay

[niaimani2005]

What is the name of your state? Ohio
I am very confused by a letter that I received from the attorney of my mortgage company the first page says a motion for Relief of Stay. I must be completely honest I filed a chapter 13 in November of 2004 that included 2 mortgage payments. I have recently divorced and have fell behind 2 more payments. I know that I can pay these last 2 payments before the end of this year but by receiving this letter does this mean that I must vacate the house and the mortgage company will not accept my payments? I am very confused?? I have been trying to contact my attorney but he does not return my phone calls so I am now very much stressed and nervous as to what to do. Could you please give me some advice as to what to do?

[ohdadofive]

When you file for bankruptcy, you are protected from your creditors continuing actions against you to collect a debt. A motion for Relief of Stay basically means your mortgage company wants the right to come after you directly for the back payments. It does not mean that you are being evicted and have to move out immediately. It also does not mean the mortgage company will not accept your payments.

What is does mean is that, if granted, the mortgage company will be permitted to take specific actions against you to collect the debt owed. These actions will be spelled out in the order. The actions may include permission to foreclose or repossess, to seek recovery under an insurance policy, to continue an action against you in a state court, and so on.

My advice to you would be to talk to your mortgage company and work out a repayment plan for the missed payments. That is all they basically want anyway.