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Wells Fargo filed Motion for Relief of Stay

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    Wells Fargo filed Motion for Relief of Stay

    Hi
    Wells Fargo filed the Motion for Relief of Stay only 14 days AFTER I filed BK7.
    Is this really fast or what?

    What happens next?

    #2
    Well seems like it is, but by now, they are probably in practice and have this down to a fine art. As you know, it is just a way to release your house for foreclosure against the automatic stay. '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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      #3
      How long is the entire process? estimate from the Stay being released to
      foreclosure..........

      Comment


        #4
        Spend some time reading the foreclosure board here. Lots of great info for you that will probably help calm you down.
        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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          #5
          Wells Fargo is very much unfriendly to bk filers

          How long it takes will depend on your states laws, the relief probably within a week or two but foreclosure in some states can take years.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

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            #6
            Originally posted by JRScott View Post
            Wells Fargo is very much unfriendly to bk filers

            How long it takes will depend on your states laws, the relief probably within a week or two but foreclosure in some states can take years.
            Does anyone know how long it takes in NEw Hampshire? Where would I find out?

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              #7
              They were very fast on ours as well.. We surrendered our property with Wells, so not sure if that helps. I actually called them to offer a deed-in-lieu to get it out of our names faster, and they refused, requiring me to list for sale for 60-90 days before they would even consider it. They didnt want to listen when I told them we had it listed for almost 2 years before bk....
              Filing Date - 4/8/09
              341 Meeting - 5/29/09
              Discharged! - 8/6/09

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                #8
                Hi
                Wells Fargo filed the Motion for Relief of Stay only 14 days AFTER I filed BK7.
                Is this really fast or what?

                What happens next .................................................. .................................................. .......................notadeadbeat this is what happenned to us we are in mass we filed june 18 recieved letter on the june 25 for wells fargo to lift motion for relief of stay...my attorney filed a motion with the court...our 341 is wed july 22 and the court date for the hearing of the relief from stay is august 6 ......if that helps out at all

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                  #9
                  is everyone current on their loan or behind in payments?

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                    #10
                    we are behind

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                      #11
                      Is it bad that my mortgage company has not filed for a relief from the stay? I actually am letting my house go and I want them to take it! So, I assume that if they haven't even filed for a relief that they are no where near close to foreclosing on me?
                      BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
                      Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

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                        #12
                        i could be wrong but i think it has to do with the lenght of time you are behind. if your not really behind they might be thinking you will be staying in the house. with my mortgage bill last month they stated that they were starting the foreclosure process right after we filed

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                          #13
                          Well, my bankruptcy petition had a form in it about my house saying we were surrendering it... so, I would think they would have a clue! I haven't paid it in oh.... lemme see... since april? Maybe March... can't remember.
                          BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
                          Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

                          Comment


                            #14
                            Originally posted by Amy26 View Post
                            Well, my bankruptcy petition had a form in it about my house saying we were surrendering it... so, I would think they would have a clue! I haven't paid it in oh.... lemme see... since april? Maybe March... can't remember.
                            In some situations, the mortgage company would prefer that you stay in the house whether you are paying them or not. See, if you move out and they can't sell the house right away, there may be a vandalism danger, they have to board up the windows, they have to pay someone to keep the grass mowed etc. If you stay there, the house will remain in relatively salable condition -- at no cost to them.

                            Another possibility is that they are waiting for you to get your discharge and your bankruptcy case to be closed so that they don't have to pay the ~$200 and related attorney fees to get the stay lifted.
                            Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

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                              #15
                              I wasn't even 60 days past due when I filed on June 28th. I tried to get them to do a deed in lieu before I even thought about BK7.
                              I am shocked that this all happened so fast! My 341 is on the 30th of this month and their hearing for the stay to be lifted is in August.
                              My lawyer said the Trustee has 2 weeks to allow or disallow the stay to be lifted, so I guess it should be anytime now.
                              I so wanted to NOT HAVE THEM foreclose on me so it wouldn't be in the paper's etc..... My lawyer is hoping they will look to her for a deed in lieu
                              before that time comes.
                              Once the stay is lifted, does anyone know how long till they can foreclose in NH?

                              Comment

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