Order For Relief From Stay And Allowing Foreclosure

[marzipan13]

application of the proceeds to the then outstanding amounts due under the Contract, with all surplus funds, if any, to be turned over to the Trustee.

[marzipan13]

hey i just noticed something...
the bank came on Tuesday and took the car....the hearing was last Friday... but the order from the bk judge to allow them to take the car wasn't signed until Wednesday and entered into record until today.
does that mean the bank took the car before they were granted permission? or did the judge give them verbal permission on friday, so they came and took it on tuesday?

[poorme]

You won't win trying to pick this nit - maybe they did jump the gun by a day - but they'd get the car eventually. What you highlighted is saying that any profit derived from the sale of the car over & above what you owe will go to the trustee - no one else.

[Bryan16]

You won't win trying to pick this nit - maybe they did jump the gun by a day - but they'd get the car eventually. What you highlighted is saying that any profit derived from the sale of the car over & above what you owe will go to the trustee - no one else.

Agreed.

Basically if they sold the car for $10,000 and you owed the bank $9000, then $1000 would be given to the trustee.

Most of the time there isn't enough money made from the sale of the car to even come close to the balance of the loan though.

[JRScott]

Yep it means what they say .

I wouldn't worry about fighting it in this case. They did jump the gun but since an order was signed there's not much hope in getting it back. Sorry you lost it.