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How many payments do I have to be delinquent before the mortgage company will file A Motion for Relief from the Automatic Stay?

April 26, 2017automatic COMPANY delinquent file mortgage motion PAYMENTS relief stay

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How many payments do I have to be delinquent before the mortgage company will file A Motion for Relief from the Automatic Stay?

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There is no definite answer. Each creditor reacts differently in its response time to a post‑petition default. Some creditors will file a motion on the basis that the payments are received late each month. Others will not file until several months of post‑petition arrears have accumulated. There is no way to predict when (or if) a creditor will file a Motion for Relief from the Automatic Stay. The safest thing to do, of course, is to make all required payments on time.