Posts Tagged ‘absolutes’

Can bank foreclose if you've never missed a payment?? Does anyone know the law here? Help.?

OK….So my Mom (She’s 72) filed bankruptcy protection 7 months ago as she has a retirement income and only one house….So now an attorney for the bank that holds a small mortgage on the property has filed a motion to "Lift the stay" on the house so the bank can immediately foreclose on the property. BUT….She has never failed to pay the monthly mortgage payment or been late on it. Even after she filed for protection. So….How can I help her? Should she file a answer to their motion right away to the judge? Her bankruptcy attorney is busy or wont help. I’m trying to get her to find a new attorney…But for right now, what should she do? How do these things play out?? I’ve had a hard time understanding how a bank can expect to foreclose on someone who’s paid their mortgage? Will the judge take them seriously when they’re dealing in speculation (What might happen) and not absolutes?? Thanks for any help!!
Not sure if any of the covenants of the mortgage have been violated…What’s an example of that type of violation? All I know is that she’s paid every month on time.

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