Re: Lifting the right to stay

Once you fall behind the mortgage payments post-petition, the lender bank has the right to go to court to get basically permission to proceed with the sale of your house at auction. This is probably what drove you to file in the first place. There is a lot of missing information, only a confidential consult with a competent attorney can help you. Try calling. It's free. Otherwise, I would have to just guess at your precise situation. There are ways, short of coming up with the post petition arrears, which might be, what, maybe 3 months.? My e mai: joetrev@josephtreviono.net. Ph 301-441-3131

Re: Lifting the right to stay

At this point, the Mortgage Company desires to proceed to foreclosure. I am shocked your attorney will not assist you and even more surprised that he has informed you that there is nothing can do to save the house. Perhaps I need more facts to draw such a strong conclusion. If you can not catch up right away you maybe able to get 6 months to catch up (of course again I would need more information). You need to move quickly before the lift stay hearing to protect your interest. You may contact me regarding this urgent matter at 703 838 9004 or call my cell at 703 597 3171. Best regards Tommy Andrews, Jr., Esquire

Re: Lifting the right to stay

It does happen that sometimes persons who file chapter 13 cases get behind in either their payments to the trustee or in their regular payments to the mortgage company. Usually, the lenders are willing to enter into agreements that will permit a person to make up the arrearage by making an additional payment for 6 monts (in addition to the regular payment) so that they can catch-up. In order to get this result, you will need to retain an attorney to file certain paperwork to oppose the motion to lift stay and probably to enter a "consent order" on your behalf. There could be facts that would make this not possible and you should review this with competant counsel. Likewise, their may be other options as well depending upon your exact facts. Please contact me if you would like to discuss obtaining assistance in this matter.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.