So we filed on 8/15 and had our 341 on 9/12.....our trustee has already filed our No Distribution Report, and we were to get discharged 11/14...........yesterday in the mail we receive a Motion for Relief from Stay filed by FirstMerit Bank..........my wife had a car loan through them, but to say the least they are lying scumbags.......anyways, they repossesed the car on the morning of June 22 of this year.
They say in the motion that they do not have possession of the car, and want relief so they can call the balance due, repossess, and sell the car. They attached the Title......HOWEVER
WE are getting a copy of the entry from the PD here stating the request etc, that the repo company has to give them letting them know they have the car. Also, the title they provided is aprrently inactive. I looked up the VIN, and they gt a new title in Ohio on the car on 8/5, solely in their name with the mileage when it was repoed. ALSO, the co-signer, my father in law, gave us a letter he received early August from them stating they had the car, with VIN etc., and that they were going to sell it August 25 in Tampa. i have drafted the Opposition to file this week stating as such, and attaching these as Exhibits, and my wife and I also completed affidavits, getting notarized tomorrw, stating the vehicle was repoed and is not in our possession.
Question: what in the world is the deal?? They are obviously lying to a Federal Court, knowing they have the car, and a new title...........this will be set for hearing, right?
What do you all think will happen with this.....any advice....are we going about it the right way?? And what is the worst that can happen......I thought they sold the car way back in Jul, as that was the original date before this August date popped up.........they have the freaking car, and they say they don;t!!!!....wost case the judge lets them sell, and discharges any remaining debt with the loan??\
We appreciate any info suggestions, etc. as this caught us out of left field.....lying to a federal court?????
They say in the motion that they do not have possession of the car, and want relief so they can call the balance due, repossess, and sell the car. They attached the Title......HOWEVER
WE are getting a copy of the entry from the PD here stating the request etc, that the repo company has to give them letting them know they have the car. Also, the title they provided is aprrently inactive. I looked up the VIN, and they gt a new title in Ohio on the car on 8/5, solely in their name with the mileage when it was repoed. ALSO, the co-signer, my father in law, gave us a letter he received early August from them stating they had the car, with VIN etc., and that they were going to sell it August 25 in Tampa. i have drafted the Opposition to file this week stating as such, and attaching these as Exhibits, and my wife and I also completed affidavits, getting notarized tomorrw, stating the vehicle was repoed and is not in our possession.
Question: what in the world is the deal?? They are obviously lying to a Federal Court, knowing they have the car, and a new title...........this will be set for hearing, right?
What do you all think will happen with this.....any advice....are we going about it the right way?? And what is the worst that can happen......I thought they sold the car way back in Jul, as that was the original date before this August date popped up.........they have the freaking car, and they say they don;t!!!!....wost case the judge lets them sell, and discharges any remaining debt with the loan??\
We appreciate any info suggestions, etc. as this caught us out of left field.....lying to a federal court?????
I'll be watching, you may never know when or how, but I'll be there. I am there now....
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