So maybe someone can help me

[newstartTX]

Okay so we have filed Chpt.7 Bk (May 19), went to 341(July 17), we are now just awaiting discharge.
We are with BofA as well, Our last payment to them was in May. They have sent us statements saying for informational purposes only. We have not received anything else from them...no NOD, nothing certified, no calls....NOTHING. Well today we received a letter from our lawyer stating BofA filed a motion for relief of stay....here are my questions (finally)
1. How long does this motion to relief of stay process last/take in TX?
2. Shouldn't we have received some paperwork about possible affirming our mortgage or something???
3. After Motion of stay filed , and they go thru process, do you then go thru foreclosure process? If so, do you start at beginning if process where you wait 60-90 day before home is foreclosed on??

So confused, and of course lawyer wants more money to contest motion of stay. We don't want to contest we just want to know timeframes, and if they have went about whole process correctly!!

I really appreciate anyone taking the time to read this and anyone taking the time to answer my questions.
Thanks,
NewstartTX

[lrprn]

newstartTX, I moved your post to its own new thread here so you wouldn't hijack the original thread's responses. Your questions are specific to your situation, so a new thread of your own is best. -lrprn

1. How long does this motion to relief of stay process last/take in TX?

How long it takes the court to grant the relief of stay depends on how busy your local court is. Your lawyer is the best source to answer this.

2. Shouldn't we have received some paperwork about possible affirming our mortgage or something???

If you wanted to reaffirm, did you share that with your lawyer before you filed? Was the fact that you wanted to reaffirm (if you did) documented on your filing papers? Did you want to keep your house after filing or did you intend all along to surrender it?

3. After Motion of stay filed , and they go thru process, do you then go thru foreclosure process?

Yes.

If so, do you start at beginning if process where you wait 60-90 day before home is foreclosed on??

Here's two links to the typical foreclosure process and timelines in Texas - http://www.foreclosurelaw.org/Texas_Foreclosure_Law.htm and http://www.realtytrac.com/foreclosur...osure-laws.asp .

This is the process followed once the mortgage company starts official foreclosure proceedings whether the foreclosure was due to bankruptcy or not.

So confused, and of course lawyer wants more money to contest motion of stay. We don't want to contest we just want to know timeframes, and if they have went about whole process correctly!!

If you did NOT intend to reaffirm but intended to surrender your house from the start, then your mortgage company is doing exactly what they are supposed to do.

However, if you wanted to keep your house after filing, then you will have to work with your lawyer to fight the lift of your stay. Typically most lawyers do charge extra when unexpected issues come up after filing that are beyond the normal bankruptcy course, so if this is the case, your lawyer is not doing anything shady or unethical.

As far as how long you have to stay in the house - Texas is quick on the draw (no pun intended ) when it comes to the foreclosure timeline. It can be finished within 30 days of the stay being lifted.

Again, arrange to talk with your lawyer very soon so both of you are crystal clear on your goals around the house.

[DeadManCrawling]

One other thing:

I am not familiar with Texas.

If you want to stay in the house, and not pay, it generally is quite easy and can last a long time.

Your attorney may be referring to this, when he/she said they wanted to file an answer.

Typically, a response to the foreclosure complaint will automatically add months (at least) to the timeframe. In some districts it can and does turn into years.

We are in Florida, stopped paying in January, also with BoA and have not received a NoD or had a lis pendens filed.

When we do, we may answer. The attorney suspects we may be able to extend things by 18 months or so. Possibly longer. That would mean a minimum of 2 years of no payments.

I know of three cases with BoA in Florida that are currently six years or longer. And I looked at my local court the other day. I found more than fifty homes just in our county that were in foreclosure since 2005 or earlier that were all BoA.

I wonder about BoA's future stock price, earnings reports, and need for further government money. Not to mention their prospects for survival.

In any case, good luck with your situation.

-dmc

[newstartTX]

Thanks to both of you for your input!!! I will keep you posted of my situation.