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How likely is Wells Fargo to file a relief from stay after he files for BK?

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    How likely is Wells Fargo to file a relief from stay after he files for BK?

    My boyfriend's house has a sale date of March 28 or April 4th. His notices says the 28th, a website has it listed for the 4th of April.

    He will be filing his Chapter 7 bankruptcy this week. How likely is it that Wells Fargo will ask for a relief from the stay?

    House is worth about $169,000 (per zillow) worth way less when you take into consideration the condition it's in. (Bad electrical on half the house from a remodel by the previous owner and slow failing pipes due to age, house is going on 40 years with little maintence on the pipes.)

    Located in Portland Oregon metro area:

    1st is $117,800
    2nd & Equity line are $75,000
    not including fees, late charges, etc.

    I'm trying to figure out if he'll have to move sooner than later. I found out that if they ask for a relief from stay they will get a date within 10-20 days or so for a hearing. After that will he have 3 days to move or less/more time?

    Thanks in advance for any input.
    Filed: 09/18/09
    341: 10/28/09
    DISCHARGED!!!!:

    #2
    Once they receive the relief from stay they can proceed according to the foreclosure laws of your state. It appears there is already a scheduled "sale" date, so they are moving on it. The sale date will be cancelled with the bk filing, then re-scheduled after they receive the relief from stay. How long you can stay after the new sale date will be determined by your states foreclosure laws.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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