When creditor motions for a relief of stay is it granted automatically OR...

[doingpoorly]

When creditor motions for a relief of stay is it granted automatically or do they have to wait a certain period of time before the court will grant it ?

[AngelinaCatHub]

Unless you stated on your papers, that you wish to give up your house, the motion will take 30 or so days in any case. Why the question? 'Hub

[MSbklawyer]

In my district, they do what is called "negative notice" for these motions. The court doesn't automatically set the motion for hearing. You have to respond to the motion within the designated time -- 15 days usually, or the motion will be taken as confessed. But if you respond to it, the court will set a hearing.

[AngelinaCatHub]

In my district, they do what is called "negative notice" for these motions. The court doesn't automatically set the motion for hearing. You have to respond to the motion within the designated time -- 15 days usually, or the motion will be taken as confessed. But if you respond to it, the court will set a hearing.

OK, thanks again.

[doingpoorly]

Unless you stated on your papers, that you wish to give up your house, the motion will take 30 or so days in any case. Why the question? 'Hub

I had two cars that I was surrendering. The first car I gave back a few days before I filed and then after I filed they motioned for a relief of stay. It was automatically granted. The granting of the relief was filed at the same time as the motion. (I guess that was so they could sell it at auction now that they had it)
The second car is where my question comes in. They motioned the court back on the 8th of Oct and there wasn't anything that said it was granted on pacer. I was wondering if there was time period that they had to wait or something. I called creditor 11 days later on the 19th asking when they would come and they didn't have anything it their system saying they were to come get it and then they just told me they would contact me when they were ready to come for it.

[justbroke]

My District also allows negative noticing for a great number of contested matters! I did my Motion to Determine Secured Status and to Avoid Lien (Lien Strip) on my second mortgage with negative noticing. Never had a hearing! Lender never even raised an eyebrow. Sweet!

I don't know why all Courts don't do this. If a matter is uncontested, why even schedule and hold a hearing. Waste of judicial resources, if you ask me.

So, to answer the OP's question... a Motion For Relief from the automatic Stay (MFRS) can be granted either by default (you didn't respond by the time on the negative noticing legend at the top of the Motion), or after hearing. In either case, they are almost always granted unless you can prove that the creditor has no cause to bring forth such a Motion. (FYI, Florida Southern District (FLSB) does allow negative noticing.)

What are you trying to do anyhow? Delay the foreclosure process, or are you just curious as to how this all plays out?

[doingpoorly]

In my district, they do what is called "negative notice" for these motions. The court doesn't automatically set the motion for hearing. You have to respond to the motion within the designated time -- 15 days usually, or the motion will be taken as confessed. But if you respond to it, the court will set a hearing.

Ok, I read through the whole motion and found this.

"Any interested party who fails to file and serve a written response to this motion within 15 days after the date of service stated in this motion shall, pursuant to Local Rule 4001-1(C), be deemed to have consented to the entry of an order granting the relief requested in the motion."

I suppose that is what you are talking about and that there is a 15 day hold until they get a response. I suppose this is why they aren't contacting me yet.

[justbroke]

"Any interested party who fails to file and serve a written response to this motion within 15 days after the date of service stated in this motion shall, pursuant to Local Rule 4001-1(C), be deemed to have consented to the entry of an order granting the relief requested in the motion."

That paragraph is what is known as negative noticing. If you don't respond within the 15 days (by filing an Opposition or an Objection to the Motion) then it's considered unopposed.

I suppose that is what you are talking about and that there is a 15 day hold until they get a response. I suppose this is why they aren't contacting me yet.

Even after the Motion is granted, they probably won't quickly "contact" you anyhow. The Motion is a procedural step in the process to allow the creditor to foreclose or even to contact you about a forbearance, modification, refinance offer, or even installment payments to bring the loan current.

[doingpoorly]

What are you trying to do anyhow? Delay the foreclosure process, or are you just curious as to how this all plays out?

Thanks, The process makes sense...now that I know how it works. I am not trying to delay anything, I just want to know when they will come get the car. I want them to have it whenever they are ready.

[justbroke]

Thanks, The process makes sense...now that I know how it works. I am not trying to delay anything, I just want to know when they will come get the car. I want them to have it whenever they are ready.

Ahh, it's a car! So, they may contact you shortly thereafter to arrange a mutual time/place for the repossession.

[MSbklawyer]

I suppose this is why they aren't contacting me yet.

Precisely.