Please help....I'm flipping out again about the impending foreclosure.

[tyson24]

Panacea,

I got my Motion for relief of stay and I am dues to be D/C on January 7th. Their hearing is January 13th. Makes no sense to me why they do this and thier hearing is after the discharge. My attorney said that the law firms handling this want to make money. I hope you have some significant time to save and maybe even relax a little. This is such a stressful time. All will be okay for you I know it! ;)

[enuffznuff]

I believe the 45 days won't start ticking until they receive the release of the stay (which they will get, but you should be notified when that is granted...keep an eye on it though!)

I will say, WF tends to move quickly, more so than many other lenders. They've been right on top of every date for mine, sheriff's sale is in 5 weeks. They haven't missed a tick mark, so I wouldn't count on having the experience that many people do with deadlines getting missed and things dragging on forever. Doesn't seem to be the case with WF.
My best friend stopped paying in October 2009 with a different lender(same town), still no foreclosure notice. I last paid in July 2010 and my house will be sold next month, I have WF.

[tobee43]

I hear ya!

So, back to one of my points of the original question that I just can't get outta my head.....I filed BK on Oct 27th, and was issued the Notice of Intent on Oct 31st. So, if no BK, the NOI issued on the 31st of Oct, would have given me 45days before they could proceed with the next step. Since I did indeed file BK, this 45 days will not be counted until after the relief of stay now?

one would think that as correct...unless the bank asked for a relief of stay and it was granted and i'm sure you'd know that by now...i would think the time would begin ticking after the stay is lifted, but not before...someone please chime in if you have a different understanding!

[Panacea]

I hear ya!

So, back to one of my points of the original question that I just can't get outta my head.....I filed BK on Oct 27th, and was issued the Notice of Intent on Oct 31st. So, if no BK, the NOI issued on the 31st of Oct, would have given me 45days before they could proceed with the next step. Since I did indeed file BK, this 45 days will not be counted until after the relief of stay now?

[tobee43]

good....never make any decision while upset...and today will be better...

[Panacea]

Thanks ya'll! I'm taking a step back and thinking about all of this and your comments. No crazy decisions today since it seems I have a little time! Just can't WAIT till all this crap is over.

[tobee43]

You can go to the courts and file a motion. If he has paid this in the past (sport activities) then he needs to continue to do so. The courts want what is in the best interest of the children and what he is doing is using your daughter as pawn by saying he wont pay for this if 'this' doesn't happen. Not good in the eyes of the courts because it is viewed as a type of abuse (emotional).

Good luck to you and your family!

see there...tom has given you PLENTY of time.....and

deneil has given you the advise on how to stall....really i know someone that knew they were NOT staying and ended up in the house 2 years.....so...this is going to fine for you! you'll have time to save up some money....and get a nice place that you can afford and breath free!

[dneil]

You can go to the courts and file a motion. If he has paid this in the past (sport activities) then he needs to continue to do so. The courts want what is in the best interest of the children and what he is doing is using your daughter as pawn by saying he wont pay for this if 'this' doesn't happen. Not good in the eyes of the courts because it is viewed as a type of abuse (emotional).

Good luck to you and your family!

[tcreegan]

Hi Panacea,

.....breath....hold....exhale slowly...relax...

Maryland Foreclosure Process:
Loan default
90 days
Notice of intent to foreclose
45 days
File in count circuit court, serve you
45 days
...in the meantime, advertise the sale 3X in local newspaper, give notice of sale to you
Sale on scheduled date, another advertisment
..up to 30 days later, court ratifies sale, title transfers
Motion for judgement of possession filed
30 days to respond
Get writ of eviction, judge sets an eviction date
Out you go.....

The motion to lift stay is standard-operating-procedure for a mortgage lender in a BK, probably a CYA move. Nothing you have to bother with...

Good luck w. all you are going through, hang in there!!

Tom in Colo

[biotechsolution]

you might have some time...when was your last house payment made?

[october99]

Timeline for me....(surrending my home)

Oct 27th - Filed BK
Oct 31st - Wells Fargo sent Notice of Intent to foreclose.
Dec 6th - 341 - advised surrending home
Jan 3rd - Wells Fargo request Motion for relief of stay, with hearing date scheduled Feb 4th

I'm sure the lift will be granted, I hopefully will be discharged on Feb 6th anyway.

Anyway, the Notice of Intent said I had 45 days to pay up basically.
1. Does the 45 days now start on the 4th of Feb? I would think the filing of bankruptcy stopped the days until they get the motion granted, correct?

I guess somewhere along the way I had this little dream that they'd forget about me and this whole foreclosure!

Hey there, good to hear the update that you are nearing discharge. Good for you!

As for the foreclosure, can find a foreclosure case from your lender in your courts system (or one in your state even) that has gone through the whole process and closed/completed? I just did this today in a different county to see if my lender was making progress anywhere (nothing in my county since June). When I look under actions I can see a play-by-play with dates for each step. I'm not sure how things work in your state but if it is a judicial state it might give you an idea.

As for your daughter's sports funds, that sux royally! Could you request a fee waiver for a month while you try to figure things out? I know a lot of programs that have the ability to help you out a bit when things are difficult when kids are involved.

Hang in there! You are so close and very soon you'll be discharged and out of the house and into a nice rental that you make home. You'll have a fresh start and be a stronger wiser woman for it.

[tobee43]

Thanks, I actually feel a little better just reading your comments. It'll be okay, I know....I actually believe it will be better once its all said and done, though I forget every now and then. I just hope my daughter makes it through without ending up on Dr Phil or Oprah in her adult years talking about this mess!!!

you are too funny....nope she will NOT be on dr phill...(don't know who that is...) or oprah although i don't watch tv as such....movies yes....but....i DO know her...so i'm using the same baseline here...however, the ONLY reason she'd be on that show is to show how strong and wonderful a mommy can be when faced with adversity... ok....i could watch that show....LOL!!

[Panacea]

Thanks, I actually feel a little better just reading your comments. It'll be okay, I know....I actually believe it will be better once its all said and done, though I forget every now and then. I just hope my daughter makes it through without ending up on Dr Phil or Oprah in her adult years talking about this mess!!!

[tobee43]

Thanks! I'm trying to hang......its getting tough, but the one thing I remind myself of daily is that this WILL be over soon. Its just getting hard, all the hits and getting back up, just to get knocked down again. My daughters dad just informed me he will no longer pay for her sport....which btw is about 300 a month (due to his being an *******!) He couldn't get me on the child support since it was court ordered, so he cut those funds. It only hurts her and now she doesn't want to see him anymore, and all I want to do is pay for it, but I can't pull the money out from anywhere. I'm hoping for miracles here, but I'd just settle for a break. Sorry to ramble....My New Years resolution was to focus on the good, but all I want to do is punch someone in the face today!

we all have days like that....so you are NOT alone....

cutting her sport activity money stinks....and you should be upset..i know i would be.

you are upset for REAL problems here...and it's only natural for you to have to let it out, it's sometimes hard to focus on the "good" when you have a "bad" day....

[Panacea]

Thanks! I'm trying to hang......its getting tough, but the one thing I remind myself of daily is that this WILL be over soon. Its just getting hard, all the hits and getting back up, just to get knocked down again. My daughters dad just informed me he will no longer pay for her sport....which btw is about 300 a month (due to his being an *******!) He couldn't get me on the child support since it was court ordered, so he cut those funds. It only hurts her and now she doesn't want to see him anymore, and all I want to do is pay for it, but I can't pull the money out from anywhere. I'm hoping for miracles here, but I'd just settle for a break. Sorry to ramble....My New Years resolution was to focus on the good, but all I want to do is punch someone in the face today!