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My husband and I filed for chapter 7 bankruptcy, we are 2 months behind on our mortgage and received a motion for relief from

Fresno, CA |

automatic stay and have a court date on April 20th. If we are caught up with our payments by then, which most likely we will be, do we need to respond to the motion?

Attorney Answers 2

Posted

The only I would add to the prior answer is to get everything in writing and check with the court to make sure that the hearing was removed from the docket. If the hearing proceeds, show up and bring proof of payments. Make sure that you also bring some proof of the amount that was owed. The Motion for Relief is a good indication of what you owe, but it may not be everything.

Written confirmation that the account is current (from the mortgage company or foreclosure company, if any) and any confirmation that the hearing will not take place (from the court) is necessary before considering this matter closed.

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Posted

The simple answer is NO. BUT, first of all you need to make SURE that you will actually catch up with all the payment before the hearing date on the motion. But what you need to be careful about is to make sure that you pay any late fees, costs or foreclosure trustee fees. Another words, you need to make sure that you have "cured" the default on your loan. The best way to go about this is to call your bank and ask them to give you an exact total (and a break down) of the amount of $$$ they need to take your loan our of default. I would also double check this number by calling the foreclosure trustee (if a notice of default has already been filed) and make sure that their number is also the same. Lastly, whichever method of payment you use, MAKE SURE that you have proof that you paid the total amount before the motion date. Best of luck.

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