Question on Relief from Automatic Stay - appreciate any help.

[sowren]

Hello. I was wondering if anyone could help me with a couple of questions:

Filed Chapter 7 on 11/30/10 - our 341 Hearing was 1/5/11. A couple days after the 341 Hearing we received a “Notice of Motion for Relief of Automatic Stay” from Mortgage Company (Wells Fargo).

Questions:

I assume this mean that Wells Fargo will be starting the Foreclosure proceedings right away which will leave us little time to save enough money to move?

Also, the paperwork states “Wells Fargo Bank” filed the Motion. However, our original note which they attached was with Hyperion Capital. We paid Hyperion Capital the first couple of months of our loan and then Wells Fargo took over. However, there is nothing in their paperwork showing that our loan was assigned to Wells Fargo. Do they have to provide some sort of documentation showing Wells Fargo actual owns our note?

My reason for asking is we had hoped to have a few months to save money to move. I am disabled and we will need help moving along with having enough for rent, deposits, etc. which can be quite substantial where we live.

Thank you ahead of time to anyone who can help with this question.

[AngelinaCatHub]

They have a right to transfer the mortgage as long as the conditions are the same.

It will take some time before you are asked to leave. Do a search on foreclosure. Probably you would be good to go for about six months. 'Hub

[sowren]

Hub; Thanks for the quick response. I guess I am a little nervous and didn't make myself too clear...I knew they had the right to transfer the mortgage as you stated. What I should have asked is this:

The attorney for Wells Fargo (who resides in Washington State) did not follow Oregon Court's procedures:

1. She did not fill out or attach Oregon's required notice LBF#750, she sent us form 720;
2. Her form 720 does not contain the language which is clearly set out in Oregon's "Procedures for Non-Judicial Relief from Automatic Stay" which were provided to us in our packet from our attorney;
3. The language in her form has the notification dates and service dates incorrect (our states we have 15 days to respond and within 5 days before the filing deadline) Her form states we only have 14 days and 3 days before deadline;

Anyway, even if we challenge based on these discrepancies, what will it change? Won't she just fill out the correct forms and we will still be in the same position?

Thanks again for taking the time to read my babble.