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How to stop GMAC (which is in bankruptcy) from foreclosing on my home?

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    How to stop GMAC (which is in bankruptcy) from foreclosing on my home?

    GMAC is in bankruptcy (in SDNY, I think). I live in Texas.
    GMAC's got an order for judicial foreclosure (i.e., permission to post my home for foreclosure).
    I don't want to file anything in the bankruptcy court, but I also don't want to violate the automatic stay.

    1. If I seek a TRO that only stops a foreclosure but does nothing to void the lien or note, am I in violation of GMAC's automatic stay?...or does even this limited TRO count as "an act to exercise control over property of the estate" (i.e., the bank's contractual property right to foreclose)?

    2. In Texas, does the local guy who is supposed to conduct the foreclosure sale count as GMAC?...or is he considered a separate entity for automatic stay purposes? If he counts as a separate entity, should I get a TRO against only the local "substitute trustee"?

    #2
    The judge in the GMAC issued an order revising the automatic stay to, among other things, allow GMAC foreclosure proceedings to continue. Here's a link to the order: http://www.centraldistrictinsider.co...er-7.24.12.pdf (note that Residential Capital LLC, the debtor named on the order, is the parent of GMAC.). I haven't read it very carefully, so read it and draw your own conclusion. But, I think Paragraph 14 starting on page 7 allows you to file file for a TRO or otherwise defend against the foreclosure.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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