Finance House

What is the name of your state?
Illinois

My primary mortgage holder is the problem. I have elected to reaffirm in my filing. Today I was told they filed a motion to lift the stay under 362b(2) "no equity, not necessary for reorg"

Here's the issues:

*The servicer is Avelo. They are not the original mortgage holder but servicing CDOs.
*They are saying I am 3 months behind totalling $5727.20.
*I am actually 2 months behind and a normal payment is $1589.42.
*My note specifically spells out that I can be assessed only a single late payment on a missed payment of $79 and some change. They cannot assess this more than once on any missed payment.
*I tried, before filing bk7, to negotiate a repayment plan with them myself and they wouldn't work with me at all.
*I called a HUD sponsored mortgage counselor (NovaDebt.org) and got on a conference call with Avelo. The counselor worked out a 6 month repayment agreement which Avelo agreed to. Avelo never sent the papers they promised they would mail within 5 days. Two months later, after being harassed with calls four times a day and rather threatening letters of foreclosure coming three times a week, I filed BK to seek court protection and salvage what I could of the situation.

Personally, I think they are operating in bad-faith in an attempt to equity strip. They know the second lien will be extinguished in bankruptcy. And the house is worth $50k more than I owe them. Also, if you do the math, 3x $1589 (and I am really only 2x behind) doesn't add up to what they are claiming on the motion even with the late fees. It's nearly $2500 higher than what I really owe.

My bk attorney tells me not to worry, that if I am caught up by the end of February then Avelo won't do anything...and I think that's bad advice. And what about the extra $2500 they are telling the cout I owe?

Second opinion please?