Notice of Abandonment

[brokenbuthealed]

I checked Pacer this morning and saw that a Notice of Abandonment has been filed by a creditor on one of my investment properties. My question is, even though the property is being abandoned by the Trustee, does the creditor still have to file a motion for relief from stay prior to starting foreclosure proceedings? My 60-day waiting period isn't up until March 3rd.

[StartingOver08]

The lender only has to file the notice of relief if they plan to start the foreclosure proceeding during your automatic stay. IF your lender had not provided your NOD prior to your BK filing, the odds of the lender going for a Relief during the 60 days increase tremendously.

Some of the lenders wait until you are discharged anyway and then begin foreclosure proceedings. This is typical if you had already received your NOD prior to your filing.