BofA Req. Relief from Auto. Stay After Bk Discharge

[7pancakes]

My Ch. 7 Bankruptcy was final in August. We did not reaffirm our mortgage because Bank of America wouldn't allow. Since then, we've received bills for "informational purposes", but nothing else. We have made other arrangements, but are still living in the house for now.

Today, we received a "notice of motion for order granting relief from automatic stay", however, I was under the impression there was no longer an automatic stay since we received notice of discharge in August. There is a hearing scheduled in January.

They have requested:
1. Pursuant to Bankruptcy Rule 4001, 11 U.S.C 362(d)(1) and U.S.C. 362(d)(2) granting Movant, its successors, and/or assigns, relief from the Automatic Stay;
2. Waiving the fourteen(14) day stay invoked pursuant to F.R.B.P. 4001(a)(3); and
3. Granting Movant such other and further relief as is just and proper.

I assume they're trying to hurry up and get this thing foreclosed on, but I have a few questions:

Does anyone know what this means?
Is this out of the ordinary?
If they win this hearing, what happens afterwards?

Thanks for any and all help.

[AngelinaCatHub]

This is procedural. Unless they performed this in your bk, they have not gotten Court permission to take your house. Since it was not done then, it protects them from having you assume you got a discharge on their mortgage. I've seen this one before so attempt a search on the forum.

You do not have to go to any hearing if you have already decided that you are not going to pay through or reaffirm. You are at liberty to walk away without suit. Still, protect the house till you get it out of your name. 'Hub

[7pancakes]

Thanks so much! I tried a forum search, but I don't think I was entering the correct search terms.

I also read in the motion that they are seeking to be granted $150 for the motion, if was granted in default, filing fee and attorney fees for the foreclosure. Is there any way to go to the hearing and get out of those fees (like going to the hearing)?

ETA: I found more info about this situation by searching for "relief after discharge" on this forum, for anyone looking for more info on this.

[AngelinaCatHub]

Of course that is your decision to go the hearing. If it makes you feel more confident, but your dept occurred and defaulted before the discharge. They don't have a chance. Be careful what you say or admit to. Only be very fact of matter. No small talk if interviewed. They had fair warning and 60 days to object, their day is done. 'Hub

[slam22]

Same thing happened to us. One month after our discharge Bank of America filed for Relief of Stay. That was in October 2008. To date they have not recorded a Notice of Default and we are still in our home. We have not made a 1st mortgage or HELOC payment now for 22 months. BofA is even paying all of the property taxes. We continue to pay the homeowners insurance and small HOA fee.

[SleepWellNow]

slam22 - How generous of B of A...free rent AND paying your property taxes! LOL! An investor friend of mine purchased a foreclosed house and, when he went to pay the property taxes, found out the bank had already paid the taxes the day before. These banks are so messed up, they're paying property taxes on properties they don't even own any more!

[7pancakes]

Same thing happened to us. One month after our discharge Bank of America filed for Relief of Stay. That was in October 2008. To date they have not recorded a Notice of Default and we are still in our home. We have not made a 1st mortgage or HELOC payment now for 22 months. BofA is even paying all of the property taxes. We continue to pay the homeowners insurance and small HOA fee.

Thanks for the info! I won't plan on them waiting that long with mine, but I hope they at least wait until the winter is over so I won't have to move in the snow!

They paid our taxes and when I sent the check for homeowners insurance, they sent it back saying BofA already paid it. LOL