My son had some dental bills, car repairs, home repairs, etc. When you look up I don't have enough to pay my mortgage and the trustee.
If you fall behind on post petition mortgage payments your lender will file a motion for relief from stay asking the court to lift the stay that currently protects your property so they can initiate or resume foreclosure proceedings. In most cases you should be able to negotiate what's called an Adequate Protection Order with the lender whereby you pay the arrears back over 6-12 months. This will require that you make your regular mortgage payment, the trustee payment AND the adequate protection payment to remain current. If you fall behind after that you are pretty much left to the mercy of the court.
Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.
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