Should I file motion to dismiss request for Relief from Stay?

[gmichael7]

PLEASE HELP- BANKRUPTCY/ FORECLOSURE QUESTION !

I filed Chapter 7 , and am under the automatic stay right now. I recieved the Motion for Relief from Stay from ' Wells Fargo Bank, NA Servicer for US Bank as Trustee for WFSASC 2002-22'

The Courts have my home listed under Wells Fargo Home Mortgage Inc., which seems to indicate that the deed was never perfected.

I have one attorney telling me that I should immediately file a motion to deny the relief from stay, and another saying that we should just wait until the hearing, because then the other lender will have to file a motion for relief, and that will buy me time to obtain a modification with them.

I'm concerned that the Trustee will sieze the home and liquidate for the benefit of my creditors. Any ideas here?

[justbroke]

I don't even understand what you want. Are you surrendering the home? Do you know what your deed reads as the owner? Do you know about mortgage securities and how mortgages were resold over and ove again on the stock market? Do you know that "WFSASC 2002-22" is a "mortgage security series"? Do you know that the series, 2002-22 is from Structured Asset Securitization Corp (hence WFSASC)?

Again, I don't know what you want. If you want to pay to have a forensic inspection of your mortgage docs to see if it's possible that there is some mixup... I would ask why? What's your end-game.

If you are surrendering and could not care less about the proprty... then why care if the Trustee tries to take the property.

[gmichael7]

Should I file motion to dismiss request for Relief from Stay

JustBroke-

Thanks for replying. The end game is to keep the home. There have been many lenders recently willing to modify during bankruptcy even if payments are behind. The end game is to modify, but we were told by an attorney that we may be in a better position if we move to dismiss the Motion to Lift Stay. Another attorney said we should wait until after the hearing and that the judge would force the proper entity to come forward to lift the stay.

I personally feel that it would be best to file the motion to dismiss, since the wrong creditor is stepping forward, but I don't really know what's best.

[aljohnson007]

I believe forclosures go through State/Districts Courts outside of the Fed Bk. The refief from Stay will only allow the mortgage holder to file for forclosure earlier but will not affect the ultimate outcome. I would not fight the motion.
The attorney is the only winner. JMO.

[bellee]

I believe forclosures go through State/Districts Courts outside of the Fed Bk. The refief from Stay will only allow the mortgage holder to file for forclosure earlier but will not affect the ultimate outcome. I would not fight the motion.
The attorney is the only winner. JMO.

I disagree in light of the OP's situation.

OP doesn't the motion ask for you to file an answer in return ?