mortgage co filed relief from motion to stay

[deafbroke]

So what should I expect now. I moved out of the house, and haven't made payments, didn't affirm, and will not affirm. Is this expected? I assume all they can do is get the stay removed and go forward with foreclosure, correct, but debt over what they sell for is wiped out.


DB

[HHM]

Correct, there is nothing you need to do, and any deficiency balance is discharged in your BK.

[etechjc]

Well, I want to stay in the house until June. That is the only reason I would try to delay the stay. After June I would be happy for them to take the stinking POS of a moneypit. I have a lawyer, But haven't had chance to ask him about the situation yet. I think my biggest worry is getting kicked out of the house before discharge. Can I even legally enter into a rent contract while in the middle of BR case?

We are in Missouri which is a non-judicial foreclosure state, It is my understanding a house can be foreclosed in less than 2 months after the first missed payment here if mortgage company wishes. Of course tenant laws are touch more strict, Could take at least a month for the new owner to kick us out of there new money pit.

Whoever does end up buying the house is in for a surprise, The foundation is severely cracked, Think we termites, Believe one of the main sewage stacks is clogged. 1.5 acres of horrible lawn, Bunch of junk to haul off, Among bunch of other things. I really feel bad for whoever ends up with the place, I hope they get a good deal. But alas, I'm off subject.