Motion to allow foreclosure?

[workinghard]

Here's my latest whoa's...Missed mortgage payments now they have filed Motion to Lift Stay and they added in a sentence "to allow to foreclose property..." Prior to my filing they had served us papers then we filed and they put a "lis pendens" on the house title.

My questions:

1) By saying "to allow to foreclose property..." Are they trying to slip in a judgement for foreclosure or does that mean they will continue their persuits to foreclose if the judge allows it?

I don't have funds to cure the default.

2) The case seems doomed as trustee also has a motion floating out there but our lawyer previously said we could refile. In light of question #1, would mortgage protection still be available with a re-filing?

I know they only allow a 30-day stay and would have to prove good cause but not sure how all this works...

frustrated incorporated!

[HHM]

At this point it doesn't really matter, if you don't have the money to cure the default, then you don't have the money to cure the default.

If the home is foreclosed within a BK, there will be NO judgement for a deficiency balance. A motion to lift stay to foreclose simply means the bank will pick-up where they left off in the foreclosure process.

And as you already pointed out, if your case is dismissed and you re-file, at most you only buy yourself another 30 days.