CHAPTER 13 CASES:
If you receive notice a Motion for Relief has been filed by your Mortgage Company. Please READ the Motion and see what months the mortgage company is claiming they have not received payments for. You must have records of all payments made to the mortgage company since the dating of filing.
Please contact Vicki Fox ([email protected]) via email or call the office at: 404-220-9906 to resolve this motion without your appearance in court.
If you have fallen behind on your mortgage payments you MUST come up with the arrears in order to retain your home. Contact our office BEFORE the hearing date so that we can try to work out an arrangement with the mortgage company.
Please understand the urgency of this matter; if you don’t come up with the money to catch up on your mortgage payments the Court will grant the Motion for Relief. This enables your lender to continue where they left off before the bankruptcy with such actions as Foreclosure, Garnishment, Bank Levy and Repossession.
PLEASE NOTE THAT YOU WILL INCUR ADDITIONAL ATTORNEY FEES FOR ALL MOTIONS FILED AFTER YOUR CASE IS CONFIRMED.
CHAPTER 7 CASES:
If you are in a Chapter 7 case and you get notice a Motion For Relief has been filed you do NOT need to attend your hearing because you are not reorganizing your mortgage arrears through your case. If your intentions are to keep your home when filing a Chapter 7 then you MUST continue making your mortgage payments. If you surrendering the property via your Chapter 7 filing this motion is just notice to you letting you know your lender is ready to start the foreclosure process..