Relief from Stay Hearing/Tentative Ruling
So I have a hearing tomorrow regarding our home and the motion for relief from stay that the lender filed. We are in the middle of a chapter 7, the trustee filed a motion to dismiss that we are responding to and have a hearing on 8/30. I responded to the lenders motion stating we objected to the relief and wanted nothing to start until our chapter 7 was finalized, or we knew what was happeing with the dismissal.
I read the court website and it has the judge's tentative ruling for tomorrow, and I sort of understand but need some help. Here is what she wrote:
"Grant relief from stay, including waiver of Rule 4001(a)(3), but include language concerning Cal. Civ. Code section 2923.5(h)(3) and state that foreclosure may not occur until after 120 days."
Does this mean that the judge is saying that the foreclosure PROCESS cannot start for 120 days, or the actual kick out (lol) cannot happen before 120 days? We are wanting to stay and have them reduce our balance and would reaffirm if that was the case. And what do the waivers and civil code mean?
We are in California, Central BK court.
TIA.
I read the court website and it has the judge's tentative ruling for tomorrow, and I sort of understand but need some help. Here is what she wrote:
"Grant relief from stay, including waiver of Rule 4001(a)(3), but include language concerning Cal. Civ. Code section 2923.5(h)(3) and state that foreclosure may not occur until after 120 days."
Does this mean that the judge is saying that the foreclosure PROCESS cannot start for 120 days, or the actual kick out (lol) cannot happen before 120 days? We are wanting to stay and have them reduce our balance and would reaffirm if that was the case. And what do the waivers and civil code mean?
We are in California, Central BK court.
TIA.