ch 7 questions about standing and who holds the note

[reesemay]

the things to be sold would be furniture and appliances
maybe if I am lucky I would get about 2k
enough to get me out of this rotten state of florida

[HHM]

Yes, you can go ahead and sell those. If you have already had your 341 meeting and the trustee filed his no asset report, no one is going to care.

[reesemay]

I have not had the 341 meeting yet, not until the end of july.
the problem is that I am still in the house. The judgement has already been entered. The only thing holding the lender up from getting the title to be able to isuue a writ of posession is the bankruptcy. How long is the bankruptcy stay in effect?? How do I avoid having all of my stuff thrown on the street by the sherrif, If I cant sell anything untill after the 341 meeting>???

[Wrightshawn]

If your 341 Meeting is at the end of July, the automatic stay is still in effect. Presumably, the Trustee will issue a "No Asset Report" following your Meeting. But the Chapter 7 will remain open and the automatic stay will remain in effect for at least two, but more likely three, months after your Meeting. On the other hand, the mortgage creditor could speed this process up by filing a Motion for Relief from Automatic Stay at any time in order to request the Bankruptcy Judge to permit them to pursue your eviction. It doesn't sound like you have any valid defenses to this Motion for Relief from Stay.

I would re-state what the others have said in urging you to speed up your efforts in moving.

[dmitchell]

My cut on this is you need some sort of emergency motion/order to stop the foreclosure sale. In Florida, the Rules of Procedure section 1.210(a) reads "Every action must be prosecuted in the name of the real party..." Look it up. ALL interested parties must be named plaintiffs and reason why is that if some other "unknown" party has an interest in the note/mortgage because of some unknown assignement, they could potentially look to enforce the note some years down the road.

My guess is that to have some sucess, you will need an attorney to go to court and stop this thing. You may be too late though....

[reesemay]

I had a rotten foreclosure atty that did nothing but collect money from me and threaten to drop me at every chance they got. And lied to me during the process..therefore making my time to reverse the judgement past the time allowable......the judgement should have been dismissed as soon as they got the case...the opposing atty's NEVER noticed the correct parties and contacted me EVERY time instead of my atty.....plus many more instances that should have been addressed......which were not, very lame atty with no backbone, too late to do anything after the fact, I gave them all my money........so now stuck trying at the last minute to find another atty to complete this mess.....and just now learning I can discharge back taxes......the paralegal told me I could not..........and also told me not to put down a car that I own.......sheesh now I have to redo everything...more money...
Boy I sure wish people could get their info correct...nothing like learning the laws crash course.....
Good news got some temp work 5 days...better than no days

[reesemay]

I am thinking that all named parties were NOT named and an assignment was not recorded.hterefore this foreclosure should not have been able to proceed, but getting a lame atty did not help the situation....and a bad paralegal either......