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Lender filed a motion of abandonment??

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    Lender filed a motion of abandonment??

    We own 2 homes and we are giving up one...we just couldn't decide which. We decided to re-affirm one, but changed our mind within the 60 days and wanted to re-affirm the other. When we called our attorney, we discovered that the lender on this house had already filed a 'motion of abandonment' with the court on Sept 3, though we were only one month behind in our payments. We're also still in our 60 days, yet we received no notice of any relief of stay being granted...so how is this possible?? We are still re-affirming this home, but I'm pretty disturbed by this all...I can't help but feel that something went wrong here... Anyone have a clue? To me it appears to be a failure on the part of my attorney, and also a flaunting of the law by our lender...
    Filed BK (Ch. 7) 6/2/08
    Discharged!! 9/24/08
    Closed..the end! 10/1/08

    #2
    Our Trustee made a notice of abandonment upon our land as well as an old car he didn’t want. I means in this case, that you could do what you want with it. Do you hold a Deed on this house? Perhaps they just gave it to you. I would investigate this but abandonment isn’t a bad thing. ‘Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      We have a loan on this home. When I called to change the reaff from one home to the other, the lawyer (well, his paralegal) said that they had received a quitclaim deed from the lender which needed to be signed and that they were about to call us to come sign it. I'm assuming this is the 'deed in lieu' type of foreclosure and it wouldn't have been a bad thing EXCEPT that it occurred within the 60 days during which we had the right to change our mind about the reaffs. When we called the lender about this, she claimed ignorance about bankruptcy...yeah, right, like we're the only customers who've ever gone bankrupt.
      Filed BK (Ch. 7) 6/2/08
      Discharged!! 9/24/08
      Closed..the end! 10/1/08

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