If your regular mortgage payments fall behind after you file your case, your mortgage lender may file a motion requesting “relief from the automatic stay”. In that case, they are asking the court to remove the protection that it initially provides so that the mortgage lender can foreclose. A hearing is assigned on this type of motion. It is usually resolved in your favor (without foreclosure) if you catch up, or if you pay in part of the default and come to a mutual agreement with the lender to allow you to catch up the rest of the default over a period of months. It is important to assist the lawyer to reach the best result in these situations.
- The Effect of Filing Bankruptcy On Evictions and Foreclosures: Updated 2020
- THE EFFECT OF RECENT PURCHASES BEFORE FILING CHAPTER 7
- Effect of Filing Chapter 13 on Foreclosure: Questions and Answers
- Does Filing Chapter 13 Have Any Effect on Obligations Arising in Divorce?
- Starting the Process of Filing for Bankruptcy