341 and we get this so-called "diligent" trustee

[freeatlast09]

That's all verbatim from our case so I'm assuming that's a boilerplate order. The only item not mentioned on ours was the last line about FRBP 3002.1.

[Resigned2BK]

Ah, interesting, I think I understand what you're saying, Des. I don't see language about abandonment. I'll type some bits verbatim below:

"This matter came before the Court upon The Bank ... as Trustee for the Certificateholders ... motion for relief from stay. It appears for the reasons stated in the motion that the stay should be lifted as to enforcement of the deed of trust that is the subject of The Bank ... as Trustee for the Certificateholders ... and further as to the property located at ... and legally described as set forth in the Deed of Trust attached as an exhibit to the motion.
"NOW, THEREFORE, IT IS HEREBY:
"ORDERED, that, pursuant to 11 USC 362, the automatic stay is terminated as to The Bank ... as Trustee for the Certificateholders ..., its successors and assigns, so that it may pursue its state remedies to enforce its security interest in the Property and/or as to enforcement of the deed of trust that is the subject of The Bank ... as Trustee for the Cerficateholders ... motion. Creditor, its successors and assigns, may, at its option, offer, provide and enter into any potential forbearance agreement, loan modification, refinance agreement or other loan workout/loss mitigation agreement and may contact the Debtor via telephone or written correspondence to offer such an agreement, which shall be non-recourse unless included in a reaffirmation agreement.
"IT IS FURTHER ORDERED that the order shall be effective immediately notwithstanding the provisions of FRBP 4001(a)(3) and the order shall be effective as to any chapter under which the present case may be converted absent further order of this court.
"IT IS FURTHER ORDERED that Creditor is exempt from the requirements of FRBP 3002.1 and the requirements of FRBP 3002.1 are no longer applicable to Creditor in the instant bankruptcy case." /End of Order/

The date on it is April 20, the attorney sending it from the firm representing BofA signed and mailed it April 24, the day we were discharged.

What I personally found interesting that I didn't catch the first time is that it sounds like we are allowed to apply for a loan mod with BofA if we want right now. We have the court documents stating as such. So... could that be a great way to stall the process and screw up the trustee attempts at short sale? I've always held out hope that if we can get this abandoned and BofA doesn't act right away towards foreclosure, then perhaps if I get a solid job we can apply for a loan mod and see what happens. At the least it would be a great tactic to just keep staying in the house longer.

[freeatlast09]

Ok, good. The stay has been lifted. Now, carefully read the Order. Does it mention ANYTHING about abandoning or removing the property from the estate (sometimes they do and sometimes they don't). And, if it does, what is the date that the Judge signed the Order?

Des.

Hey Des,

I thought I'd throw my info in again since our case is so similar to R2BK. In our case the judge lifted the stay for BofA approximately 1 month after discharge, but it made no mention of the estate abandoning the property. BofA also didn't make any move to foreclose after the stay was lifted. (and have not done so yet - 2 1/2 years later) I'll be interested to see if there is anything different with R2BK's documents.

[justbroke]

Des, DH was showing me some of the files the other day when I asked if we'd ever gotten anything additional to the original motion. Turns out we got something signed off by a BK judge (not the trustee) that basically said the motion was approved. So we had gotten something, just not specifically from the trustee directly.

Very nice. Maybe the light at the end of the tunnel is much brighter now!

[despritfreya]

Turns out we got something signed off by a BK judge. . . that basically said the motion was approved.

Ok, good. The stay has been lifted. Now, carefully read the Order. Does it mention ANYTHING about abandoning or removing the property from the estate (sometimes they do and sometimes they don't). And, if it does, what is the date that the Judge signed the Order?

Des.

[Resigned2BK]

I just wrote up a long letter about our experience thus far and submitted it to the investigative reports team at one of the local news stations. They ran a story on a family where BofA was messing with them and this seemed like the perfect opportunity to let them know about another issue assaulting distressed homeowners. We'll see if they care. It sure did feel good to do that.

[Resigned2BK]

Des, DH was showing me some of the files the other day when I asked if we'd ever gotten anything additional to the original motion. Turns out we got something signed off by a BK judge (not the trustee) that basically said the motion was approved. So we had gotten something, just not specifically from the trustee directly.

[ValleYum]

I am happy you are discharged r2bk!! Congrats!

[Resigned2BK]

Yay, just got the official discharge paper in the mail from our lawyer! April 24. No other word concerning the motion to lift stay.

[Resigned2BK]

No word from the Trustee about that matter either, Des. Will let you know if our lawyer tells us anything or we get something in the mail soon.

[despritfreya]

We didn't see any purpose in responding to the motion to stay,

I would not have expected you to respond as such would not make sense. What I am looking for is a response by your Trustee. If the Trustee DID NOT respond you should have received a "Notice of No Objection" with a copy of the proposed Order lifting the stay. If a response WAS filed you should have gotten a copy of that.

I have "an idea" but I need to know about the outcome of the Motion before I comment further. Please see what you can find out.

Thanks,

Des.

[Resigned2BK]

We didn't see any purpose in responding to the motion to stay, so I don't know what all further we can expect other than maybe a notice that it's done already. As for discharge related questions, we only just got notified a few weeks ago to do the financial management course and did that the 1st or 2nd week of April (I forget). From all my readings here and elsewhere, that should mean the discharge will be any ole time in the next couple weeks. Because of what the trustee is doing with the property, there's no point in getting a Pacer account to check IMHO as our case would be open yet discharged until something is finally resolved concerning the real property.

Hubby installed one of those straight bar locks on the door and frame last weekend. It's just good sense anyhow given we've never had a peephole and there's been a lot of home invasion activity all over this large metro area. We've not had any further issues with agents disregarding the fact that they need permission. One of DH's tricks, if it can be called such, is to say that whatever time they want isn't going to work and pick something a couple hours off. Then they have to play tag with their client not to mention potentially all the other places they might be visiting on that particular day. We've thwarted a few from even coming over with that tactic alone. And then we have all the subtle standoffish and slightly rude things we do while people are here of course.

[despritfreya]

Freeatlast09, I am glad you bumped this thread.

On April 9th Resigned2BK posted. . .

Oh, and the middle of last week we got a motion to lift stay from the mortgage holder.

I would like to know if the Trustee filed a Response. If not, the Order lifting the stay should be in the hands of the Judge by now. I would like to know exactly what that Order states.

R2BK, if you are reading this, please update us.

Des.

[freeatlast09]

I thought I'd bring this thread to the top and see if the OP has any new updates or interesting stories about people looking at the house. The last one was pretty funny. Also - did you get your discharge? From your other posts it looks like your 341 was around Feb 10 so I hope your discharge cam through in early April. All the best.

[lorelei]

Sometimes, passive aggressive is the way to go. I am so sorry you're dealing with this, but it sounds like you're handling it as well as you can.