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Caught btw a rock and a hard place

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What is the name of your state? NJ

Ok...Filed BK Aug 2nd, had 341 Meeting on Moday...all went well. Day before meeting got a letter from Mgt. co saying they are filing for relief from stay (sept 23rd) Wanted to keep my house, owed them July paid that a week and a half ago. I paid them Aug and all late charges....so currently owe nothing. Mgt co is not posting my payments, they show I still owe for July and Aug at this point. When I called to see why, they said they were waiting to hear from their lawyer about what to do with my payments and to call back Wed. I called today (thurs) and they told me I have to speak with their lawyer. I called their lawyer's office (they were rude!) and they told me only my lawyer could talk to them. My lawyer is on vacation until Sept 5th. SO.............all I want to know is if I'm gonna loose my house!! I have 3 children, got married at 18yrs old and we were just never able to get a good foot hold so this was our last option, but I did want to keep a roof over my kids heads, aside from the embarrisment of having everyone know you lost your house. Anybody out there have any insight on my situation? I don't know what to expect, what I should or shouldn't be doing. I don't want to continue making payments if it looks like the Mgt co is going to foreclose anyway. Thank you so much for reading and ANY imput would be greatly appreciated!!!!


Senior Member
Sorry, but there is no way for any of us to be able to forecast what your mortgage company may do... it is solely up to them. Simply, they can decide to continue with your mortgage.... or to decide to take your bankrupcty filing and limit their potential losses by terminating it.

You really won't know anything until they talk with your attorney and come to a decision. Just make sure that your attorney knows ALL the facts and that you would like to continue with the property.


So I guess what you are saying is the Mtg. co can do what they want. My lawyer did not tell us that when we filed for Ch 7 that the Mgt co had the oprotunity to do what they wished. Our only reservation about filing was that we wanted to keep the house, that was a must. Should he have told us that there was a possibility that they could take the house even if we were caught up? Not so sure now that we did the right thing. We have no where to go if the mgt co decides to forclose. I guess I am at their mercy for the next few weeks, I hope my nerves can handle it!! lol

a neighbor

Emerald, I wouldn't lose to much sleep over it, 1. they don't want to take back the house, 2. your attorney could argue this point to the death, 3. the trustee could view it as a hardship on you and not forfeit the house, that's probably what the attorney would argue.

I just went with a friend to SC court for support and there was a Co. that wanted property back and the trustee denied it, said it would cause a hardship on a new start, said the property WOULD become forfeited if payments were not made after the BK, so the trustee told them to chill to that point of not being paid. It was really quite funny to hear it, LOL

So don't worry that they wouldn't speak with you, they can't as long as your being represented. I'm even surprised they sent you the letter, thought that should go to the attorney??
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Thanks so much for your input. My lawyer has sent them a letter and it sounds kinda like what you have said, like chill out! They still haven't posted my payments, but I hope they get with the program soon so I can get my blood pressure back down!!

Thanks again,

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