They granted a relief on my automatic stay

Asked over 1 year ago - Fort Lawn, SC

this is for my mortgage, but i don't want to lose my home

Attorney answers (3)

  1. John R. Cantrell Jr.

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Your options are limited. If you have the funds needed to catch up the delinquency on your mortgage, then you can ask your bankruptcy attorney to ask the creditor to agree to a motion to allow resumption of payments, but that will likely only work if you can catch up the arrears in full at this time. If not, then the next step the creditor will take will be to start a foreclosure. Once the foreclosure is filed, you will have foreclosure intervention options, including possibly requesting a loan modification to make the loan more affordable, if you can qualify for a loan modification. If you have the funds to do so, you may wish to hire a foreclosure defense lawyer once you are served with the foreclosure papers.

  2. David Jay Sternberg

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You have given enough facts for any of us to give you an answer. Depending how far behind you are you could catch up, you could do a loan modification or you could file a Chapter 13. What you should first do is consult with your attorney and, if you don't have one, you need to obtain one.

    Attorney Sternberg is admitted to the practice of law only in the State of Ohio. His answering of this question... more
  3. Diane L Gruber

    Pro

    Contributor Level 18

    Answered . If you are current on your mortgage payments they cannot foreclose, with or without BK. Indeed foreclosure does not start until you are at least 4 months behind. Talk with your BK attorney. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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Automatic stays are injunctions that prevent most forms of debt collection. They go into effect immediately upon filing for bankruptcy.

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The automatic stay is an injunction that automatically stops all lawsuits, foreclosures, garnishments, and all collection activity against a debtor the moment a bankruptcy petition is... more

Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

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