NOD while in BK?

[bleve]

Will a Mortgage company file an NOD while in BK. 341 is scheduled. Lender is American Home Mortgage Servicing. Anyone have experience with them?

[justbroke]

No. It would be a violation of the automatic stay. If, however, they filed a motion for relief from the automatic stay and were granted the motion, then they could proceed with the foreclosure processing, including, but not limited to, issuing a Notice of Default.

[bleve]

I just called to make a payment over the phone and they wouldnt accept it. The Mortgage co. did file a motion for relief. How long does that process take?

I placed a call to my attorney. Although they have been pretty good at responding. Im sure I can get a faster response here.

Its amazing how attorney response times are affected negativelty after the retainer fee is paid.

[justbroke]

The Motion for Relief is automatic in 21 days if no one responds, or your attorney sends a consent. Reads as though they are lining up their ducks to resume/begin foreclosure.