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New item on docket - Certificate of No Response

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    New item on docket - Certificate of No Response

    I just checked PACER today and see this new entry:

    "Certificate of No Response or Settlement and Request for Entry of Order Filed by Creditor GMAC Mortgage, LLC (Re: 18 Motion for Relief from Stay {address of my house here} [Negative Notice] [Fee Amount $150] filed by Creditor GMAC Mortgage, LLC). ({mortgage attorney's name here}) (Entered: 09/14/2009)"

    Should I worry?

    I'm going to the house soon to remove the rest of my belongings.

    #2
    I just went ahead and googled and found this:



    Motions for Relief from the Automatic Stay

    The procedure for motions for relief from the automatic stay in the Bankruptcy Courts is similar for the Eastern and Western Districts. The creditor files a motion and serves it on the debtor, the debtor's attorney, the trustee, and any other parties claiming an interest in the property. If no response or objection to the motion is filed within 15 days (25 days in the Western District), the creditor can submit a proposed order and certificate of no response, and the order will usually be entered without a hearing.

    If a response is filed, the court will set the matter for an initial hearing to determine if there is a disputed question of fact. If not, the motion will decided at the initial hearing. If so, the motion will be adjourned for an evidentiary hearing.

    Note: in all cases, local rules require a RECORDED copy of the mortgage to be attached to the motion. In a chapter 7 case, the mortgage company will need to provide an appraisal or a written broker's price opinion indicating that there is no equity in the property.
    Not sure if it applies to your case but I hope it helps.
    Disclaimer: I am not a lawyer nor giving legal advice. Use at your own risk.

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