Did BoA ask you for relief from stay?

[brokeballer]

I got a letter from Bank of America today basically acknowledging that I Filed Chapter 7. The letter states that if I don't continue to make timely payments they MAY seek to enforce their rights after my case is closed, or they may petition the court for a relief from stay.


Those of you who have/had BoA mortgages, did they wait until after your Bankruptcy was closed or did they petition for relief from stay so they could get the ball rolling faster?

I originally stated that I intended to reaffirm, but have since changed my mind.

[BkinTX]

We have a BofA mortgage (and Bk'ed considerable cc debt with them).

We did not reaffirm, but continued to make on-time payments. No problem.

[bkw1nter]

Hey brokeballer I received a discharge from Ch. 7 in Oct. 2008 CountryWide now BofA sent me a relief of stay certified in August because they stated we didn't pay our Mortgage in June but what they did is apply our June Mortgage payment to the property taxes which we missed because we had to save for a bk lawyer, anyways to make a long story short BofA wanted all this money so we didn't contest the Relief and I haven't made a payment on my mortgage since September and still no Notice of Default, they just keep sending me statements every month. I suggest staying in as long as you can and saving money. Good luck to you.

[brokeballer]

Hey brokeballer I received a discharge from Ch. 7 in Oct. 2008 CountryWide now BofA sent me a relief of stay certified in August because they stated we didn't pay our Mortgage in June but what they did is apply our June Mortgage payment to the property taxes which we missed because we had to save for a bk lawyer, anyways to make a long story short BofA wanted all this money so we didn't contest the Relief and I haven't made a payment on my mortgage since September and still no Notice of Default, they just keep sending me statements every month. I suggest staying in as long as you can and saving money. Good luck to you.

They sent me a letter stating that they would continue sending me statements and a payment coupon book for information purposes. I have only gotten letters saying they want my missed payment or they May accelerate foreclosure proceedings, so I'm not sure if that is considered an NOD or not.

It sounds like BoA is being really slow on foreclosures regardless, so I'm hoping to get at least 6 more months of free housing to save up.

[canada2000]

Bofa/ countrywide did file for a a motion for relief. a week after my 341 on Aug 14. I stated I intended to surrender the property. My last payment on the property was jun 2008 and no NOD was filed and we filed BK on July 8, 2009. This is for the Las Vegas area and BA/CW seems to be so slow. They denied my short in Nov for 140000 and denied my next short at 103000, the house next door just sold for 96000 same model. I think these banks will never get when to cut their losses in Vegas. My investor for the primary loan is bank of new york.

[bulletproof77]

No payments since 12/08. NO NOD filed, 1st and second discharged 07/17/09. I continue to get payment notices which I just "round file"...Called BofA/CW "foreclosure division" and asked when they at least would file the NOD. Got very nasty person ("Karen") who told me and I quote verbatim: "You can't make us foreclose"....."Your still responsible"....uh, no I'm NOT Karen...She stated that due to government requirements (????) they are NOT doing many foreclosures at this time and it could be up to TWO YEARS before foreclosure actually takes place. Here I am trying to surrender my house and these morons WON'T take it back. So, if you have BofA/CW don't be in a hurry to move because they are not actively pursuing foreclosures here in Southern California...My only guess is that there is just way too many of them. They all sounded like they were overwhelmed and didn't have a clue as to what to do next....Oh and they did say I could do a short sale..When I informed them that a short sale just benefited them and not me and that I was not interested they just got even more pissed and hung up...Quite the professionals at BofA....

[mom2three09]

We're with CW/BOA. Filed chapter 7 last month. Current on mortgage & stated we would be reaffirming (but we aren't even if they want us to). We received a bill from them right after we filed, but nothing about our filing BK what so ever. Now we're just debating on whether to keep paying or live here as long as we can for free and use the $$ saved for a downpayment on a new house in 2-3 yrs. I have no idea how fast BOA is moving in our area (Indiana) as far as foreclosures go tho... would stink to only get a few months outta them when others have gotten 1-2 yrs

[slam22]

In our case Bank of America/Countrywide filed for a Relief of Stay AFTER we recieved our discharge. How stupid is that. Once you recieve your discharge the automatic stay is lifted automatically so there was no reason for them to file. In the paperwork they filed with the court they said that they wanted the stay lifted so that they could initiate foreclosure proceedings. That was last October. No NOD has been filed and to date we have not heard a peep from Bank of America. They have even been paying the property taxes on the house. September 1st will mark the 18th month in a row without us making a mortgage payment on either our 1st or 2nd. Both are with BofA. Our house is about $200k upside down. It's a great house and we will continue to live in it rent free until that day comes when the foreclosure actually occurs, whenever that is. In the meantime we have been able to sock away around $50k in some pretty conservative mutual funds so we feel extremely fortunate.

[SleepWellNow]

Good news Slam 22! - We're in San Diego too and upside down about the same amount. When we filed, we said we were going to try to keep the house. We had a forebearance agreement in place at the time and were preparing to submit for a mod. Once we filed, we were told by the BofA BK dept. our agreement was no longer in force. They said we would have to start all over with a mod request. So, I quit making payments and sent the new mod package in about 2 weeks ago. Today I received a letter stating my original forebearance agreement was cancelled because we didn't send in the August payment as agreed and demanded I pay the past due amount in full (so much for a Cease and Desist). Obviously, the right hand doesn't know what the left hand is doing at BofA. After hearing the stories on this forum of people living "rent free" for months and months, I think I'll quit contacting BfoA and hope my file gets lost in the shuffle too!