I'm thinking this CAN'T be legal

[LifeNLemons]

Okay, let's assume I'm actually interested in keeping my house and I had the $$ to pay for the arreages.....

I get a letter on SAT 12/15/07, dated 12/12/07, which gave me 48 hours to contact said attorney. Mind you, there's no postmark on the letter and its coming from somewhere that it should have been here the day AFTER it was mailed. So, of course I absolutely cannot respond in the time frame allowed. So I call on Monday 12/17/07, twice, and get the voice mail of an assistant and received NO phone call back.

Said attorney files motion to relieve stay, now theres a hearing on it 5 days after my 341. Fine. Now, do I have a leg to stand on about this? I mean, they can't prove I had the letter in my hands with enough time to respond, yet the attny signed an affidavit stating that I did. I can prove there's no post mark on the attorney's letterhead envelope. AND I can prove the phone calls I made to said attorney's office.


The ONLY reason I'm asking is that I think this is slimely at the very least. My ex husband wants to keep the house, yet he is behind by 4 months mortgage. I'm just wondering if he pays the arrears before the hearing, what happens? Its a joint mortgage, and I just don't care anymore. I say he made his bed and didn't pay for it, his problem.

[FreshLikeADaisy]

Life, I'm with you: I think that the attorney is engaged in a show of compliance because he assumes that you will not want or be able to respond to the "good faith letter" and thus wants to waste no time in moving toward lifting the stay. I also think that the judge will likely agree that it is slimy, but will take no action if you were to make an issue of it because the outcome is exactly the same: the house is going into foreclosure and neither you (nor, presumably, your ex) can or will do anything to stop that. In other words, you did not suffer harm, nor did the outcome of your case change based on your inability to respond to the letter because the attorney who sent it was unethical.

As to what would happen if hubby decided to pay the arrears prior to the hearing? I don't know because it's up to the mortgage company, but in theory you could move to keep the stay in place based on the fact that no arrearage currently exists, and file an amended Form 8 (Stmt of Intent) to indicate that yes, you intend to keep the house. But you would just be putting your finger in the dike, because as soon as your bk was over and your ex defaulted on yet another payment, the mortgage co would immediately initiate foreclosure proceedings (the automatic stay only applies while the bk is open, and would end when the bk was closed). Nor do I believe the mortgage co would reaffirm, based on a lot of the things I've read here: they would refrain from reaffirming so that they could indeed move immediately to foreclosure in the event of further defaults. So even if your husband suddenly had a change of heart and paid the arrears, it would only be worth following up if you knew that he'd never be late or default again; if he did, even once, it would be a total waste of time and money.

I guess what I'm saying is that both the attorney slime action and the motions to lift the stay are only worth pursuing if you intend to keep the house and can address the arrears immediately, but that's not what I'm hearing from you. If your ex is so low that he ceases to make payments in order to punish you, let the sherriff come evict him.

[LifeNLemons]

I guess what I'm saying is that both the attorney slime action and the motions to lift the stay are only worth pursuing if you intend to keep the house and can address the arrears immediately, but that's not what I'm hearing from you. If your ex is so low that he ceases to make payments in order to punish you, let the sherriff come evict him.

Can I buy popcorn and watch? LOL


You're right, I don't want the house, don't really care what happens to it. Guess I should go file to extend that restraining order though.

[FreshLikeADaisy]

Can I buy popcorn and watch? LOL

That would probably be the most satisfying show you've watched in ages.

Guess I should go file to extend that restraining order though.

Good Lord yes!!!!! I mean, I have no idea what prompted it or why you have one or if you even need one, but that's the kind of thing where it's a REALLY good idea to keep it updated.

Here's why: if you had cause to get a TRO before, and Mr. Wonderful has not since had a genuine religious experience (you know, the kind that includes repentance accompanied by amends and making things right), it's a VERY good bet that whatever reasons you had to get it in the first place still apply 100%, and may even be magnified by current events. If he was a hitter before, he's still a hitter and maybe even more so. If he was a stalker, he's still a stalker. See what I mean? And if by some miraculous chance he had actually embarked upon a more honest way of life, you getting an extension would be seen as the logical outcome of his previous behavior, just like normal people in the real world see it. Him getting angry (if he does) is simply proof that yes, you do still need it.

I am of two minds regarding TROs, sometimes they escalate more violence than they prevent. But this is not your situation; you've already gotten one and had it for some time. An extension of that is not going to change much. So to me, it's better safe than sorry. Go get your extended restraining order.

[FreshLikeADaisy]

Hey Life, I don't know if you're much of a reader, but when you get a chance, there's a book I'd really like you to read. It's called The Gift of Fear by Gavin DeBecker, and it's one of the best books I've ever read. I have a feeling you would benefit by it too. I got mine for $6 off Amazon (used) so it's not a big investment. Check it out.