Relief of Stay

[BROKENN]

Hi, I looked at Pacer and listed after my RND is a few docs from my mortgage company NOTICE OF FILING OF A MOTION FOR RELIEF FROM AUTOMATIC STAY.

From reading through here, this is normal for me surrendering the house? (it looks scary!)

Do I do nothing about the filings?

I want to call the mortgage company today and tell them I will give them the keys. Does anyone have advice on what I should say? Or do something different? I plan on moving out in a week or so.

[b_girl]

I read your other thread and agree with those posters..this is normal and part of the process. If you're leaving the home, let it happen. I would call the lender if I were you...they can't communicate with you because they are under a stay until the motion is granted, but you're wanting to communicate with them.

[BassBoy]

I agree with b_girl. Call the lender when you're about to vacate and let them know that you're vacating the home on such-and-such date. I also agree with b_girl to let the foreclose happen.

[BROKENN]

Thanks guys This really helps. I will call Monday.

[AngelinaCatHub]

Thanks guys This really helps. I will call Monday.

Just a note you probably already know, let them know on that date that your insurance and utilities will be terminated as well. Just for CYA. 'Hub

[paintinrosesred]

I've heard they file the "relief from stay" to begin the foreclosure process again (if you were in foreclosure prior to filing). Just a formality. But they still can't do anything for two months after you initially file C7. It still can take months before you get a "sale date" after they begin foreclosure again. So there should be no rush to move if you don't want to.
Anyone let me know if I'm wrong..

[b_girl]

The motion for the relief of stay, if granted by the judge, allows the lender to proceed with the proposed action, whether it's regarding a foreclosure or a repossession...in other words, no 2 mths/60 days protection/free ride any more...the automatic stay is lifted and the lender is now free to act.

[Tbornetun]

Even if the Motion is granted, they will not be coming tomorrow to kick you out, you have some time. It depends what step they were in the process of when you filed.

[BROKENN]

Hi Guys! The mtg company was oh so nice as I called and told the BK lady that we would be leaving. She said for me to drop by the branch, hand over keys and files for security systems, gates etc (my contribution as they won't get in without dismantling something) to a loan officer. To give her name and give a date. The bank will have a man here that day to secure the place as we leave.

I think they are happy they will get it back before all the legal dates.

[TEW]

I never thought I would say this but I feel leaved to be getting out from under this house.
The bank asked us to stay in the house but we want to go it just doesn’t feel right anymore. We want to move on. I am in PA it takes 276 days to foreclose. It would be nice to live rent free but we don’t want to be here.

[BROKENN]

I completely understand. I truly wanted a *fresh* start!

We are working hard packing right now, big weekend for loading furniture. I have to say, the stress of all this is starting to come off and I have a bit of me that is excited to make a new home and life!

[AngelinaCatHub]

I completely understand. I truly wanted a *fresh* start!

We are working hard packing right now, big weekend for loading furniture. I have to say, the stress of all this is starting to come off and I have a bit of me that is excited to make a new home and life!

It truly is a good feeling. I wish I had our adversary procedure over as my enemy is still fighting the fact and he has no debt that I owe nor a Judgment, but is stating a malicious act upon my part. BS. Now I get tried in a Federal Court rather than state court. 'Hub