Motion of Relief from Stay Preliminary Hearing

[mikeymae]

So today we got a notice of the Preliminary Hearing for the Motion our Mortgage Company sent us. I am rather confused because we have expressed we are giving up our house and I thought there is no need for a hearing. I am not sure what we need to do. I have a couple of questions that anyone in here mightbe able to help.

1. What is Motion of Relieve from Stay?
2. I spoke with the lawyer when we got the notice and she just said it is just basically asking the court to take the automatic stay and since we expressed that we are giving up our house it shouldn't be a problem. Is that right? LOL...I know she's a lawyer but still something I don't understand. I thought if it's not an issue that we do not need to have a hearing(just my understanding).
3. We have a Preliminary Hearing on March 26....DO WE NEED TO SHOW UP IN THIS HEARING? Our lawyer is not available right now so I am asking the forum instead.
4. Will this delay our case and should I be worried about this?


Please help me out, Im now again stressing out and it might not be worth it when after all it's not a problem. Any help is appreciated.

[justbroke]

1. What is Motion of Relieve from Stay?

It's a process by which a creditor (or someone in interest) asks the court for permission to be excluded from a legally imposed Stay preventing them for collecting on a debt... or... foreclosing!

2. I spoke with the lawyer when we got the notice and she just said it is just basically asking the court to take the automatic stay and since we expressed that we are giving up our house it shouldn't be a problem. Is that right? LOL...I know she's a lawyer but still something I don't understand. I thought if it's not an issue that we do not need to have a hearing(just my understanding).

Exactly. You don't need a hearing, but Bankruptcy is a highly technical process. The Bank is following the process so as not to get in trouble by violating the automatic stay. Suffice it to say that this is a normal procedure when you are surrendering your home.

3. We have a Preliminary Hearing on March 26....DO WE NEED TO SHOW UP IN THIS HEARING? Our lawyer is not available right now so I am asking the forum instead.

Do not show up. You don't need to, and it would be a waste of time if you are surrendering. The only reason to show up, would be if you now contest the surrendering of the property.

4. Will this delay our case and should I be worried about this?

Absolutely not. Unless you show up, and try to contest it.

[mikeymae]

Hi, thank you so much for your response. I appreciate addressing all my questions. We will definitely not show up. Thanks for the help.