filed chapter 7

[curtb07]

i filed chapter 7 on 6/18/2009.. I recieved a packet in the mail on 6/26/09 from an attorney for wells fargo in the packet was papers for a certificate of service ,notice of appearence and a motion for relief of stay dated 6/25/09 along with the papers that i signed when we first got our mortgage. in with the papers was an order granting wells fargo relief from the automatic stay and leave to foreclose mortgage. how could this already have gone through with out the knowledge of anyone my attorney didnt even know. i would have thought there would have to be some conversation with someone at least... it's has only been 7 days.....just wondering if any one has had this happen.

[JRScott]

Wells Fargo is one of the worst of the banks to deal with. Most likely they were notified electronically of your filing bk and immediately acted upon it by filing the papers as quickly as possible, yes would have been nice if they'd talked to your lawyer first.

Were you planning to keep the home?

Depending on your state's foreclosure laws don't panic yet it could still take months even up to over a year.

Another thought have you checked PACER to make sure the order shows up there? I'd take the packet to your lawyer and see what he says as well.

[curtb07]

yes we are keeping home...we live in mass ..i know the laws are very helpful for people who live in mass if you need them to be... recieved paper in the mail from court,our meeting is july ,22,09.... i looked at pacer i didnt sign up didnt know if it was worth it...

[kenshirley]

You only pay if you hit $10 per quarter in downloaded pages at $.08 each if I remember right with PACER

[music12]

is the order signed by a judge?

i think when the bank files a motion for relief from stay, they are required to include a sample order for the judge to sign in case he agrees with their position. if its not signed, then it's just their proposed order, not an actual order. it looks the same except for the all-important signature!!!

[curtb07]

you know your right just looked at the paper and his name is there in text but not signed good call on that one... i'm sure my attorney will see that..thanks

[music12]

wait, check again: is there a /s/ before his name? if so it may be an electronic signature.

however, i am pretty sure there is no signature because it would be the same date the motion was filed, and that's plain impossible.

[curtb07]

plain impossible that's what i said. glad you brought that up ...looks good tks

[TBLTZ]

are you current on your mortgage? Im going to be filing bk soon and wells fargo is my bank.

Are you going to reaffirm the mortgage. Will they let you?

[curtb07]

we are behind because i needed the money for lawyer 3g's....were hopefull 2 kids 1 on the way.they sent me letters to repay with options ... i'll know more july 22 09 i'll let people know how it goes.. my lawyer thinks it's good they sent me letters..that means theres option's

[TBLTZ]

we are behind because i needed the money for lawyer 3g's....were hopefull 2 kids 1 on the way.they sent me letters to repay with options ... i'll know more july 22 09 i'll let people know how it goes.. my lawyer thinks it's good they sent me letters..that means theres option's

good to hear. I hope for the best for you. Like I said I have wells to. Keep me updated

Thanks