Did my lawyer mess up? Someone please answer.

[Cherinfo]

I filed for chapter 7 on September 2010, included home in Bankruptcy, received summons for home Oct 20th.( right after my 341 meeting,while the stay was still in effect) Wasn't the summons in violation of the stay? I never answered in the twenty days that it stated because my lawyer said do nothing. Bank got the stay lifted Nov10.. what is my recourse. I thought I'd have at least till May but I'm afraid that it will move along alot quicker.

Furthermore, Right after the relief stay was lifted on 11/10/2010 with a stipulation that they only can collect against the property and not a judgement against the Debtor. 2 days later on 11/12 received letter from my bank telling me that they assigned my loan over to Nationstar Mortage and it will take effect on 12/01/2010. and that I should receive a letter from them 15 days after closing of the transfer to them.. I have not received notification as of yet.
Am I Sh*t out of luck for delaying the process? My lawyer just tells me its on to the next step and it could be February?To keep checking the Dockets. No hearing as of yet.

[despritfreya]

Your attny did not screw up.

You filed Chapter 7. If you were/are behind in payments and you wanted/want to save the home you filed the wrong bk therefore I will assume your intention was to walk away from the home.

Yes, the issuance of the Summons was in violation of the stay. The mortgage company probably had not updated its records as it relates to the filing. However, since it subsequently filed a Motion for Relief and was granted relief from the stay it is now free to do what ever it needs to do to take back its property. You have no recourse. If you want to keep the property you need to bring your payments current under State law. As to the timing, no one can promise that you will have "x" months in the home once you file a Chapter 7. It is what it is and depends upon how fast the lender seeks to remove the property from the protection of the bk. Your lender acted fast and well within its rights.

The letter you received indicating that the servicer/holder of the loan has changed probably contains a statement that if you are in a bk this is not an attempt to collect and is for informational purposes only. The sending of the letter is an internal process of the mortgage company so that the homeowner knows who is servicing or owns the loan - what if you wanted to try a loan modification - would you not want to know who was handling the loan?

Bottom line: If you want to keep the property you need to communicate with your lender in an effort to modify the loan. If you want to surrender, you should begin the process of locating other accommodations. I do not know the foreclosure procedures in Florida but we have many posters who do so I am sure someone will chime in to let you know what to expect next.

Des.