Relief from Stay filed against us

[BrokeJack]

Out house was included in our BK and we're trying to get an idea of how much longer we can stay here. Our 341 was on 6/5 and our mortgage company, GMAC, just filed a relief from stay. Does anyone have a general idea on of how long, on average, that will give us to stay in the house. We live in AZ, if that makes a difference. Our BK attorney told us about 3 months. Does that sound right? How will they notify us for when we have to leave?

[JRScott]

It will depend entirely on state laws.

I'm not sure of AZ, but they'd have to foreclose, then evict you basically.

[Amy26]

I'm in the same boat in VA. My mortgage company filed a releif that is set for September 8th. I can not get any clear answers on how long I will have after that. I have renters living in my property and I had originally told them they could probably stay till next year but I have no idea how fast a mortgage company will act after getting the relief.

I do believe that you will get at least a 30 day notice saying something about the auction date.

[bkfdrusa]

Out house was included in our BK and we're trying to get an idea of how much longer we can stay here. Our 341 was on 6/5 and our mortgage company, GMAC, just filed a relief from stay. Does anyone have a general idea on of how long, on average, that will give us to stay in the house. We live in AZ, if that makes a difference. Our BK attorney told us about 3 months. Does that sound right? How will they notify us for when we have to leave?

Aren't you discharged yet?. why do they want to file relief of stay now?. you are almost ready to be discharged. you are well beyond your 60 days. I am in the 60 day club right now. My 341 was on July 9th. My mortgage compant still did not file any relief from stay yet. I want them to expedite things because I am moving out of the country and do not want to be responsible for insurance etc... They do not answer my phone call either.

[roozterdvx]

go to your county court clerk site and search for any case against you...
you can keep track of everything going on in the foreclosure case, (may not be able to view the actual docs but at least see what is filed and when)

our lender, Wells Fargo, filed for relief of stay and the process continued...
we went to court to attend the hearing, and sale date was set for 60 days after hearing date (Lee County, Florida).

we filed ch7 1st week of April and foreclosure sale date is last day of Sept.

it seems like the BK accelerated the foreclosure on our house...
most houses here in our area are taking approx 18 months to foreclose and ours was approx. 10 months.

hope this helps

[bkfdrusa]

go to your county court clerk site and search for any case against you...
you can keep track of everything going on in the foreclosure case, (may not be able to view the actual docs but at least see what is filed and when)

our lender, Wells Fargo, filed for relief of stay and the process continued...
we went to court to attend the hearing, and sale date was set for 60 days after hearing date (Lee County, Florida).

we filed ch7 1st week of April and foreclosure sale date is last day of Sept.

it seems like the BK accelerated the foreclosure on our house...
most houses here in our area are taking approx 18 months to foreclose and ours was approx. 10 months.

hope this helps

Doesn't PACER have that info?.

[BrokeJack]

Pacer still shows that our debt hasn't been discharged yet.

[debtmonster]

GMAC/Ditech financed our house. The last time I made a payment on my house was back in November 2008 I think. I am also wondering how long I have. Should I be shaking in my boots or not worry about this?

In the court records I see:

08/03/2009 MOTION FOR SUMMARY JUDGMENT GMAC MORTGAGE LLC $0.00
INCLUDING A HEARING TO TAX ATTYS FEES AND COSTS WITH
ATTACHED AFFIDAVITS/EXHIBITS

06/03/2009 AFFIDAVIT AS TO AMOUNT DUE GMAC MORTGAGE LLC $0.00
AND OWING ATTACHED TO NOTICE OF FILING

05/15/2009 NOTICE OF VOLUNTARY DISMISSAL

There's a lot more records, but some of the earlier postings on this were stared on these dates:

02/13/2009 NOTICE OF LIS PENDENS $0.00
OR BK 05157 PG 1702
02/13/2009 PETITION/COMPLAINT GMAC MORTGAGE LLC $0.00
FORECLOSURE
02/13/2009 CIVIL COVER SHEET GMAC MORTGAGE LLC $0.00
02/13/2009 RECEIPT-FILING FEES $0.00
02/13/2009 PETITION/COMPLAINT NO DOC#

We don't live there, but lots of our furniture and appliances are there. I don't want to spend $600-700 on moving the stuff and then $262/mo. to store it. Right now this house is free storage until we get the 30 notice or what have you to get it out. Or is it a 3 day notice?

[justbroke]

Your biggest issue will be whether the lender had already started foreclosure proceedings before you filed Bankruptcy. Depending on your underlying State non-bankruptcy laws on foreclosure, that foreclosure proceeding may continue where it left off.

For example, in North Carolina, if the foreclosure was started before Bankruptcy and the lender got to the Notice of Trustee Sale, then the Motion for Relief From Stay, once allowed, would allow the lender to just reset the Sale Date and proceed from there. In other States, the lender would have to start all over from the Notice of Deficiency point.

Since this is so specific to a particular State, it's hard to say what the process would be, but I can say this. If you weren't already in foreclosure or had not already received a Notice of Deficiency (NOD), then the lender must start from that point. They would have to issue an NOD first (usually after you're 91 days late), and then follow the process for your State.

Arizona seems to be a non-judicial foreclosure State (just like North Carolina), in which the Trustee Power of Sale is utilized. This is usually a quick process. Arizona doesn't require the 90 days late, as some States do, so foreclosure can be fast in Arizona. From what I looked into for Arizona, a foreclosure could happen as quickly as 90 days. So your attorney is accurate. However, there are many factors which could extend that time.

[Amy26]

I stopped paying on my house in April of this year. Just after I filed for bk I got a certified letter from the mortgage company saying it was a notice of default but all it said was I had 35 to pay them in certified funds to prevent any forclosure from happening.... so I assume that once they get the relief from the stay I should still have a bit of time?

[justbroke]

so I assume that once they get the relief from the stay I should still have a bit of time?

Yes, you should have time. They can't proceed with the process until they get the Relief. Virginia looks like another State (like Arizona) that has relatively quick foreclosures. Looks like about 60 days in Virginia.

[debtmonster]

They never sent me anything certified. I was served that Lis Pendens thing in person back in Feb. 09 and that was it. Everything after that has been coming through regular mail.

Ever since the filed bankruptcy, the volume of mail I normally receive has dropped substantially.

I got one large envelope sent from the lawyer of the Ditech people and I simply put it in a new envelope and re-mailed it to my bankruptcy attorney so he can deal with it. I re-forward all legal notices to him now. Or sometimes I can scan something and send it as a PDF. The notice that came from the Ditech lawyer was too thick. I wanted them to have the originals so that's why I mailed it instead of scanning it.

[debtmonster]

Yes, you should have time. They can't proceed with the process until they get the Relief. Virginia looks like another State (like Arizona) that has relatively quick foreclosures. Looks like about 60 days in Virginia.

I just can't wait until I GET THE RELIEF!

[Amy26]

Yes, you should have time. They can't proceed with the process until they get the Relief. Virginia looks like another State (like Arizona) that has relatively quick foreclosures. Looks like about 60 days in Virginia.

So, you think 60 days from the relief date? I guess I should give my renters a heads up since I thought they would have until next year.

After the relief, will I get any notices in the mail?

[justbroke]

So, you think 60 days from the relief date? I guess I should give my renters a heads up since I thought they would have until next year.

It depends. Many lenders aren't foreclosing due to either a self-imposed moratorium or a Statewide moratorium. In Florida, I believe the lender has to work with the debtor for at least 90 days before even proceeding... through some sort of arbitration.

After the relief, will I get any notices in the mail?

You most certainly will. Also, you should check your specific State laws regarding renters and foreclosing/foreclosed properties. In many States, the renters will still enjoy at least 60 days after the property changes hands. This is so that renters aren't evicted unexpectedly.