We received a notice that the mort company JP Morgan, has filed to lift the Chap 13 stay so that they may proceed w/ the foreclosures. One item has me bugged:
The house was included in the BK and in fact it surprises me that it has taken so long for this to occur.
2 questions - does this wording seem right to you; that they are looking to dismiss the whole chap 13.
2nd: Has anyone challenged using the 'Show me the Note" defense in this situation - I mean to challenge that JP morgan has the right to request a lift of the stay unless they can prove they have the note. JP was not my lender - they got it from wamu - who in fact wasnt my originator either.
I sent my lawyer a note earlier on tis also but wanted to hear the opinions here also. This is a very informed crowd.
Order Dismissing Chapter 13 Case
Item 4
It is hereby ordered:
That the Chapter 13 case of <<ME>> and <<WIFE>>, is dismissied for cause shown, pursuant to 11 USC 1307.
Item 4
It is hereby ordered:
That the Chapter 13 case of <<ME>> and <<WIFE>>, is dismissied for cause shown, pursuant to 11 USC 1307.
2 questions - does this wording seem right to you; that they are looking to dismiss the whole chap 13.
2nd: Has anyone challenged using the 'Show me the Note" defense in this situation - I mean to challenge that JP morgan has the right to request a lift of the stay unless they can prove they have the note. JP was not my lender - they got it from wamu - who in fact wasnt my originator either.
I sent my lawyer a note earlier on tis also but wanted to hear the opinions here also. This is a very informed crowd.