Our lender's Motion for Relief From Stay was filed 5 days before my 341, and was granted about 40 days later.
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DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011 -
They can apply for their relief from stay at most anytime. Normally (in our area), the lenders show up at the 341 and the relief is granted on the spot.All information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event.......Comment
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BUT they are continuing to schedule foreclosure dates (and post the necessary notices in the paper) so that if, for instance, I don't make my trial payment by January 1st, they can immediately foreclose on the first Tuesday in January -- I guess they don't trust me!
....this still doesn't pass the smell test.....any GA lawyers here?Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010Comment
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Seriously? Who grants the relief from the stay? The trustee doesn't have the authority to do that and the judge is prohibited from being present at the §341. Is the debtor just signing an agreed order lifting stay?Originally posted by frogger View PostPay 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.Comment
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Seriously. The trustee signs off at the 341. I'm sure that it goes to the bk judge for another signature, but I have heard the trustee state that the relief is granted on more than one occasion.Originally posted by MSbklawyer View PostAll information contained in this post is for informational and amusement purposes only.
Bankruptcy is a process, not an event.......Comment
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My trial modification paperwork said that if you live in Georgia, Florida, and a couple of other states, the lender doesn't have to stop the foreclosure proceedings during the trial modification period. Georgia is the worst state in the nation when it comes to favoring corporations' rights over consumers' rights!!Originally posted by tcreegan View Post
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14 months and still living in our foreclosed home in Nevada. Of course NV does have the highest unemployment, foreclosures and underwater homes in the nation.( and the most powerful man in the Senate, but i digress) We are trying to short-sale now, maybe buy us more time. After one year Citimortgage got fed up and sold our foreclosed home to a co. NationStar?, go figure. Well anyway good luck, our house has been up for auction twice, but because our home is one of ten of thousands for auction it still has not sold. ( they'll get to it eventually). If you have small children( or a senior) , or if anybody in your household is on oxygen, breathing treatments, has a chronic illness, like asthma, diabetes and so forth you may be able to get a 90 reprieve from eviction...you may have to see the judge...just a thought ....
good luck....Comment
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My trial modification paperwork said that if you live in Georgia, Florida, and a couple of other states, the lender doesn't have to stop the foreclosure proceedings during the trial modification period. Georgia is the worst state in the nation when it comes to favoring corporations' rights over consumers' rights!!
...and they only have a 10K homestead exemption...not much help there in GA.
Picking up foreclosure where they left off is not unusual, but have you actually read the foreclosure notices in the paper? I still think they are trying to intimidate you....
...and that wouldn't be unusual either, unfortunately.
Tom in ColoCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010Comment
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