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confused re: a Motion for Relief notice

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    #1

    confused re: a Motion for Relief notice

    Hey, I'm new to the forum, I'm so confused and stressed out, we filed Ch.7 on 2/27/09, we have our 341 meeting 4/13/09, today 4/10/09 I received a letter from a different attorney stating Countrywide seeking the courts for an Order Granting Motion for Relief from Stay, this hearing on 5/6/09, somewhere in the paperworks states little to no equity in the home, how do they come about this amount, the last time we had the house appraised, it had 75,000.00 in equity. How much equity do they want? What does this mean, I have contacted my attorney, but of course no return phone call yet.

    Any good advice is welcomed
    Tags: None
    #2
    The equity may have changed significantly in the last couple months even. Prices for houses are going down big time. The letter you received simply states that countrywide wishes to continue to foreclose on the house. The bankruptcy has temporarily placed the foreclosure on hold and countrywide wants that hold removed. They are trying to get the automatic stay vacated.
    From this day on I move FORWARD!!!
    Filed Chapter 7 on 3/20/09!
    Discharged 6/2009

    Comment

      #3
      As novayalife said, Countrywide is asking the court for permission to take back your house.

      If you wanted to keep your house after filing, then this is not good news. If you filed with a lawyer, let him/her know about this letter right away.

      However, if you intended to give up (surrender) your house as a part of the filing, then this is just the standard procedure Countrywide has to follow to make that happen.

      So, did you want to keep your house after filing or not?
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !
      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment

        #4
        No we are surrendering house and auto, except for one auto we're reaffirming, it's just all confusing, we were told by attorney that the trustee would try to sell house first, then the foreclosure may come later if the house didn't sell,

        thanks for the replies

        Comment

          #5
          Originally posted by hopen2morrow View Post
          No we are surrendering house and auto, except for one auto we're reaffirming, it's just all confusing, we were told by attorney that the trustee would try to sell house first, then the foreclosure may come later if the house didn't sell,

          thanks for the replies
          As stated above, nothing is irregular. Please read all the 'stickies' on both the 13 and the 7 forums. You will learn a lot at no cost and it will bring you up to date fast. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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