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HOW DELINQUENT IN MY MORTGAGE PAYMENTS DO I HAVE TO BE BEFORE THE MORTGAGE COMPANY WILL FILE A MOTION FOR RELIEF FROM STAY?

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HOW DELINQUENT IN MY MORTGAGE PAYMENTS DO I HAVE TO BE BEFORE THE MORTGAGE COMPANY WILL FILE A MOTION FOR RELIEF FROM STAY?

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There is not a definite answer. Each creditor is different in its time response to post-petition default. Some creditors will file 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 not a way to predict for sure if or when you will have a Motion for Relief from Stay filed in your case. The safest thing to do, of course, is to make all mortgage payments on time.

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