Montclair, NJ asked in Bankruptcy for New Jersey

Q: I am in bankruptcy chapter 13 so why is the mortgage company trying lift the Automatic stay

I have been in bankruptcy chapter 13 since February 2018. I pay the trustee On time and is up to date I pay my insurance homeowners on time and all my bill.so why is the mortgage company trying to lift the automatic stay

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3 Lawyer Answers
Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

A: There are many reasons. You should contact your bankruptcy attorney .

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: The only know what is going on is to retain the right type of attorney. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. There is a very simple solution to your problem, provided that you can fund it. In NJ, the Bankruptcy Court's mortgage loan modification program in combination with a Chapter 13 Bankruptcy is your best chance to save your home and will block the sheriff sale. No one can guarantee a loan modification, but unlike other programs and methods, the lenders cannot play their usual games when the loan modification is pursued this way. Since everything is submitted electronically through a portal, it is time stamped. So the lenders can't just lose your application or deny that it was filed. The Bankruptcy Court's mortgage loan modification has "real teeth" behind it. If you are approved for a trial modification, you will be required to make 3 to 6 timely payments before getting a permanent modification. If you do qualify for the permanent loan modification, you will probably have a 40 year mortgage, frequently at a fixed rate of interest. No one can guarantee a reduction of principal but it does sometimes happen. The key to success is to retain attorneys who is an experienced mortgage foreclosure defense and bankruptcy attorneys. The lenders attorneys know who they are, and they take them seriously. You get only one chance to do this right, so choosing the right attorney is critical.

You need to retain the best mortgage foreclosure defense and bankruptcy attorney you can afford. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New Jersey

A: Did you pay the regular mortgage payments outside the plan?

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