I have fallen behind in my mortgage payment after filing a Chapter 13. Now, my mortgage company has mailed me a motion. Can I still save my house?
Yes, if you act promptly. If you receive a motion from your mortgage lender which complains that you have not paid your mortgage after the filing of your Chapter 13, you should immediately contact me. At that time, you will be asked to document your post-petition mortgage payments. If you are behind in your mortgage payments, the Court will allow you into a six-month workout if you tender funds on your mortgage arrears before the hearing date on the motion.. After the filing of such a motion, you should NOT mail any additional payments to your lender while the matter is pending. Instead, you should deliver mortgage payments in money order form directly to me. Thereafter, I will inform you in writing as to when you will resume making your mortgage payments directly to your lender.