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    Relief from stay granted to mortgage co...

    and I don't really know what the next step will be. We live in Maryland, and according to the new law, the mortgage company can't begin f/c proceedings until 45 days after the Notice of Default has been sent. I don't think we've received that yet since the Automatic Stay was in place. Here's our timeline so far, in case anyone is interested:

    March 31 -- last payment made (this was for the March payment)
    May 23 -- filed Chpt 7
    June 26 -- Citi Mortgage (holder of the 1st lien) files for relief of stay
    July 3 -- hearing for request for relief of stay
    July 21 -- 341 hearing
    July 28 -- trustee puts notes in PACER that case is no asset
    July 28 -- relief from stay GRANTED

    Our attorney says that the mortgage company will begin sending a bunch of notices that are required by state and federal law. He says, "Eventually, 4 or 5 months from now, they'll have a foreclosure scheduled. 2 to 3 months after that, you will be asked by the Court to vacate the property."

    Do I dare to dream that we can stay in our house until March '09?!? We would have such a nice nest egg built up. At any rate, we plan on staying where we are through the end of the year.

    Moderator: Feel free to move this to the Foreclosure section if you feel it's more appropriate.

    #2
    Your attorney is probably right on about your timeline. Your attorney will receive the documents you receive while in active BK and he/she will be able to assist you with answers about the what's and when's.

    You sure as heck can dare dream that you could be in your home until spring of 2009 because foreclosure can take that long, judicially.

    For now, you'll get flooded with documents about hearing dates and such related to the foreclosure. For the most part, these documents will be standard stuff and shouldn't cause you much concern. Just file them away in a safe place, kick back, relax and let the process run its course.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      I wished I knew what that time line is in Texas is for f/c.

      I read 60 days, but wondering if it isn't longer.

      Does anybody have a f/c in Texas?

      Comment


        #4
        60 days sounds about right.....http://www.foreclosurelaw.org/Texas_Foreclosure_Law.htm
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

        Comment

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