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Motion to lift Automatic Stay by Chase

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    Motion to lift Automatic Stay by Chase

    Our discharge date is scheduled for July 6th and Chase just put in a motion to lift the Automatic Stay on our Mortgage. The hearing is scheduled for June 30. Seems a bit silly to me, if it's going to be discharged anyway in less than a weeks time past the hearing date. They are also asking that the 14 day waiting period be waived. My question is what's the rush? Are they trying to get it lifted in order to give us a NOD on July 1? Are they able to ask for a quick sale or do they have to follow CA foreclosure process... 3 months?

    We are NOT keeping our house and even sent Chase a letter asking where and when to send the keys. We only stopped paying our mortgage after we filed CH7, so we are coming up on 3 months late. It's not like we were in the foreclosure process to start.

    I just want to know how much time we have. I have kids starting school in August. Are we going to be moving end of September? Also, should we start looking in August since it may be more difficult for us because of the BK on our credit?

    Let me know your thoughts please. We are getting close to discharge and I can't wait for it to be all over.

    #2
    We're in AZ. Stopped paying 6/2009 and they dragged their feet forever. We filed Chapter 7 4/7 and havent had any issues. I have asked them repeatedly to please foreclose NOW. I've got city water bills and HOA fees and they havent done a thing to lift the stay. Seems I'd normaly be expecting a discharge on 7/09/10 but we've got a heairng I asked for on 07/14/10 so that will get delayed. I even went so far as to send them a surrender letter and today I left their property preservation group a voice mail offering them a quit claim deed.

    Chase is really odd. Our value is about $430 and their loan (the 1st) is 300 which seems to account for their delay. We have a huge 2nd

    Yours is the opposite. I'd love to switch places.

    My sense of it was right from the outset. The process is hard for you to control and we had people crawling up to the house and testing the water and looking in the windows. I let them meet my 120 pound German Shepherd who ran them off.

    Our children are grown and my wife gets whats going on but I opted to spare her. We moved to a rental shortly thereafter and with cildren and school I'd try your best to get them settled at a time and place of your choosing. Chase is very uncoordinated and the folks you meet who want your house arent pleasant. I hope this helps. I feel the pain and cant tell you how glad I am that we just left the house and walked fast.

    We found a great real estate agent and told him all the bad news of the BK - and the German Shepherd - and had zero problems at all !
    Last edited by idainc; 06-22-2010, 05:43 PM.

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