swedewon
08-08-2006, 06:48 PM
My husband and I filed Chapter 13 in April 06. We didn't and couldn't keep our home due to all of our debt and we stated that on our papers. We are keeping our autos with the 13 plan.and are paying directly on one auto and the other is in our payment plan with the trustee. To make this short. Our mortgage company started forclosure just at the time we filed. It was all set to go on the auction block on May 25. Then it halted when they received word that we had filed 13. The mortgage company motioned for a release of the automatic stay. It was granted in June. Now the mortgage company has called 3 times in the last month wanting to know what we are going to do with the home. I told them that we were not keeping the home, we were going to sell it but we cold not get what we owed. We stated that to the trustee at our meeting of creditors. The mortgage company did not show up. Now today the mortgage company called and started harassing me saying we can't just surrender it and we are responsible for it. So I called my attorney and he stated that they can't call even if the relief from stay was granted. We conferenced a call to the banks attorney. They said the same. I called the mortgage co. back and they said they could call. They did note on our account not to call again but didn't make any promises as they said they have that right. The mortgage company's attorney is suppose to call them and call my attorney back. Any thoughts on what we are suppose to be doing or not doing. I thought they were calling to get information about taking the house. Not still trying to collect from us. Please help!!
