How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Paul K, Esq. Your Own Question
Paul K, Esq.
Paul K, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 141
Experience:  10 years Exp., Great customer service, Prompt responses.
Type Your Bankruptcy Law Question Here...
Paul K, Esq. is online now
A new question is answered every 9 seconds

I just received a MOTION FOR RELIE FROM STAY even though I

This answer was rated:

I just received a MOTION FOR RELIE FROM STAY even though I am up to date with my mortgage payments I filed Chapter 13 3 years ago in the Massachusetts Bankruptcy court.
They want to proceed with foreclosure. Do I have the opportunity to fight this? Do they bring me to court first so that I can show proof of payments, or can they still leagally take my home?

Paul K, Esq. : Hello, my name is XXXXX XXXXX I would love to assist you.
Paul K, Esq. : Under Massachusetts BK Rule 4001, you have 14 days from the date of the Motion to file your opposition.
Paul K, Esq. : This will allow you to put on the record why you think their Motion is incorrect.
Paul K, Esq. : You must be very detailed and demonstrate your reasoning and attach evidence. You must serve on the mortgage company's attorney and the court with electronic filing.
Paul K, Esq. : After that, the court will hold a hearing where you can testify and show your evidence again.
Paul K, Esq. : It sounds like you have your evidence in order, as in proof of payments, so that will help you. The mortgage company lists in the Motion what is wrong, so you can read it and it will say they think you are X amount dollars behind or X months behind, so you can refute it.
Paul K, Esq. : Just to take your question to the next level, lets say you lose at court (hopefully not) but just to give your worse case scenario, they do not automatically get your home that day, the mortgage company has to go back to the foreclosure court and will resume the foreclosure where they left off prior to filing the BK.
Paul K, Esq. : This should answer your question fully, but it you have further questions, just respond here and I will continue to answer until we have resolved it completely.
Paul K, Esq. : Once you are satisfied, be sure to provide positive ratings so that this session closes out.
Paul K, Esq. : I look forward to assisting you further and earning your positive review.
Paul K, Esq. : Have a great week!!!!

We are caught up and have never missed any payments. We are paying the bankruptcy court their fee and have paid our mortgage on time. We keep copies of all the receipts and the checks. With this said, and we do prove everything is paid, can a bank just decide to continue forclosure even if we are paid up to date? If we do lose, how much time are we given to continue to fight this? Shouldnt my bankruptcy laywer be on top of this?


Paul K, Esq. : If you win, they cannot foreclose and you will still be under bankruptcy protection - the automatic stay.
Paul K, Esq. : If you did, you could have anywhere from 2-3 months to a year depending on how far in the process the mortgae company was prior to the BK
Paul K, Esq. : So if the foreclosure was just started before you filed the BK, you will have alot of time, and vice versa
Paul K, Esq. : YES, your attorney should be on top of this
Paul K, Esq. : You may want to contact him/her to make sure an objection is filed within the 14 days
Paul K, Esq. : It could be a clerical error or misunderstanding, so the fact that you have receipts and checks is great.
Paul K, Esq. : You did a good job keeping them or having access to them and are way ahead of the game.
Paul K, Esq. : The 14 day time frame is crucial though, if you miss it, you will be out of luck, which would be unfortunate.
Paul K, Esq. : Any further questions?
Paul K, Esq. : I hope that I have answered them fully. I pride myself on prompt and accurate responses. Please be sure to let me know if there is anything else and to provide a positive rating when we are complete!!!
Paul K, Esq. : Have a great day!!!
Paul K, Esq. : I will be on throughout the evening in case you have more questions.
Paul K, Esq. and other Bankruptcy Law Specialists are ready to help you