Default of Agreed Order with Mortgage Company
During the course of your bankruptcy, you may have fallen delinquent on your mortgage payments. At this time the mortgage co. would have filed a Motion for relief from the automatic stay. Most of the motions are resolved by entering into an agreed order to place the arrears, late fees & attorney fees in your Chapter 13 bankruptcy plan for repayment during your bankruptcy. Once an agreed order is signed then the debtor is obligated to remain current or a 10-day notice of default will be issued and the debtor must pay current or the automatic stay will be terminated. If this happens then your property no longer has the protection of the bankruptcy and any arrears being paid in your bankruptcy must be removed by filing a plan modification.
If you resolve the 10-day notice of default by the deadline then you must understand that your agreed order only provides for two(2) of these notices to be sent during your bankruptcy. If you fall delinquent a third time then the stay will terminate without further notice to debtor or consent from the court.
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