Yuck, Relief of stay filed

[etechjc]

Stinking Americas Service filed for relief of stay. If I read this right, I have 14 days to object or it will granted. If I object, Court date set at 04/17, (After discharge hopefully happen, LOL.) I am only Month and half past due. I figured they would wait at least till I was 3 months past due to want to foreclose, ugh.. Wonder how much more this is gonna cost me.

[tyson24]

This is what my attorney said verbatim:

"THIS IS ROUTINE PAPERWORK FILED IN ANY CASE WHERE MORTGAGE PAYMENTS ARE LATE AND IS NOTHING TO CONCERN YOURSELF ABOUT. The paperwork has a motion date in it. YOU SHOULD NOT APPEAR IN COURT FOR THIS MOTION. If you do appear you might incur additional court fees because the Judge will wonder why you are there and will re-schedule the hearing for another date at which time you and I will all be asked to come back to find out why you went to the first hearing. Whatever you do, DO NOT ATTEND THE HEARING."

My case may be different than yours. If you have an attorney, (not sure about your situation) I would ask about this.

[etechjc]

Ok, This sucks. We asked out lawyer today and he said there was nothing we could do about it. He wouldn't file an objection because he knew we were going to give up the house and not re-affirm. I guess this is one case were doesn't pay to be honest to your own attorney.

So I guess I have 2 choices, Let them get there lift of stay and foreclose, Or re-affirm. Ugh..

[indianamom]

Don't reaffirm because of this. Like tyson24 said, this is a standard thing. What are you worried about? Are you wanting to keep the house or not? Our mortgage company did this as well and we filed chapter 7 May 26, 2010 and we haven't been kicked out yet and they got their lift of stay. I guess I am a little confused. I wouldn't do anything if I was you.

[etechjc]

Yeah we are planning to move, However after the BR we were planning on moving to KC in June. Problem arises, We don't have any money. Only reason I missed the first payment was to fix the heat. And after that I didn't see a point in trying to make the next payment as they told me they wouldn't accept it. Well, We are 2 payments behind now and no money to show for it, lol. I don't want to re-affirm, And Guess I can't blame my lawyer for not wanting to file a frivolous Objection for a house were not going to keep anyways. I guess we will let it go and hope we can put a couple months payments aside before they kick us out.

[tcreegan]

Hi etechjc,

The motion for relief of stay is pretty automatic for a mortgage lender, kind of a conditioned response.

It just means they can go ahead w/ whatever they were doing before the BK. "Can" is the operative word, doesn't mean "will"

To get a good idea of how long you can stay in the house, research Missouri foreclosure laws/procedure. Look at the wait for response times and add them up = min. time to be in the house. Check around and see what avg. foreclosure times are in your area, months to years past the min. time

You have a savvy attorney, the objection would indeed be frivolous, even if you were staying or, God forbid, reaffirming. No sense for a BK attorney to burn bridges w/ the BK court.

Good luck to you, hoping your foreclosure is not until many payment saving months!

Tom in Colo

[etechjc]

Thanks, I think he is a descent lawyer so far also. Although it his wife/para that seems to do all the work strangely enough, I rarely get to actually talk with him, lol.
Doing the math, Renting a small place on a monthly rent here and a storage area will still be hundreds cheaper than what we were paying to the mortgage, Insurance and taxes. So I guess that is our worse case scenario while I finish up my schooling.

I did a bit of research, Apparently Mo, Being a Optional non-judicial, from NOD to sell Could be as little as 21 days, Of course we have yet to receive actual NOD. I don't know how to find out what is average foreclosure time line for our bank here though.

[etechjc]

Ok, This is interesting, The trustee filed a objection to the lift of stay. Reason stated is he needs more time to look at equity. What does this mean?

[daylate]

It means that the trustee needs to make sure there is no equity for him/her to grab so he doesn't want them to foreclose on you before it is determined there is no equity for the trustee to take and give to your creditors. So my guess is the judge backs the trustee and the stay stays. look at it as if the trustee did what you originally wanted to do.