Bank wants to lift automatic stay (privacy )

[Zippo_007]

Hello,
I am new here and I have a question or two.
1.The bank has file a motion to lift an automatic stay on my mortgage,I am now current on my payments.
I recieved a letter from the banks lawyers and copies were CC to my lawyer and the federal judge. Is this considered private info and not public info at this point and time ? Should the public have access to this info before the hearing ?Hopefully there is someone here who can answer this question. The bank has made a motion to lift the 362 automatic stay on my home mortgage,a preliminary hearing is scheduled with the federal judge on May 2, at what point does this become public info? Should it not stay confidental until after the hearing then it can become public record ?

2. Where is a good law forum I could go to and ask some questions ?


Thanks again.
[email protected]

[SinkingFast]

The MTLS will be posted on PACER, which is Public Access. BUT, few regular folk aside from attnys know about PACER. As far as your neighbors learning about the MTLS,........... Not likely.

BK info is available to the pubic, tho. Possibly your original filing notice was posted in the newspaper. Anyone can look up your case on PACER. It can happen. Will it,............. Probably not. Most people don't know they can look up that info, and/or just don't care to.

If your house is going into Foreclosure, that most likely will be public knowledge. Most States, Foreclosure Sales have to be advertised in the local newspaper for up to a month prior to the actual Sale.

[brokeinmichigan]

I am newer here, too and had the same thing happen. Immediately after we filed, we rec'd the MTLS, with the Preliminary hearing scheduled less than 2 weeks later...that is this coming Tuesday. Our BK atty filed an objection to the motion, and told us not to worry about attending the hearing, but to get/stay current on mortgage payments....otherwise it could quickly become a foreclusure issue. Both the MTLS and our atty's objection are on PACER, which is indeed public, but as Sinking said, it's not likely that many of your neighbors or family members are aware of the PACER system. We had the same concerns. Nobody knows about our filing, not even our parents or older kids (17 & 20).

You've found a good group of knowlegable folks here. I've learned a lot in a very short time, and feel much better and more confident that we have done the right thing. I also feel that I have a pretty decent grasp on things that I need to question our atty about. Keep in mind that BK law varies from state to state, so what may be true for me, may not be for you. Also, as I've learned here, different creditors/lenders handle identical situations very differently.

Out of curiosity, who is your lender/mortgage company? We are with Chase and from what I've read, we could be in for a long haul.

I'll post the outcome of our Preliminary Hearing next week, for what it's worth. Best of luck to you!

Hoping for brighter skies ahead...

[HHM]

Whether it "should or should not" be public is a different question. The plain fact of the matter that just about anything that gets filed with the BK court clerk is public, there is no confidentiality (except that your SSN is removed from the electronic files). So, yes, the MTLS can be accessed, and anyone who would care to attend the hearing could do so. However, as SF pointed out, it is not likely.

It's standard procedure for Mortgage Companies to file MTLS if you are behind on your payments at the time you file. But if you are current now, odds are you can get this worked out, what the bank will want is an adequate protection order (APO) which will allow them to move on foreclosure as soon as, and if, you miss another payment in the future.

[spell]

I also wonder why a mortgage you're current on is filing this motion.
Have you made and do their records show receipt of all of your payments?

Is this a Ch7 or Ch13 case? If Ch13, are you current with your plan?

[lrprn]

I also wonder why a mortgage you're current on is filing this motion. Have you made and do their records show receipt of all of your payments? Is this a Ch7 or Ch13 case? If Ch13, are you current with your plan?

Spell, it looks like Zippo may have been behind on his mortgage when he/she filed and caught up afterwards.

If Zippo filed Ch 13, even in Ch 13 your mortgage company can file a MTLS if the company believes you filed stating an incorrect loan status on the forms. It's up to you and your lawyer to prove they are wrong in court. I know this from personal experience.

We filed Ch 13 last year and our mortgage company entered a motion to lift the stay two weeks later since they said we were a month in arrears when we filed (which we weren't and could prove it with their own paperwork). In December 06 our lawyer forced our mortgage company's hand by giving them 30 days to prove we were arrears. They blinked and the 30 days elapsed without a response. Our district bk judge threw out their objection to our case in Feb 07 .

If Zippo filed Ch 7 and was in arrears when he/she filed, even though the payments are caught up now after filing, the mortgage company can file the MTLS because Ch 7 requires your mortgage and other asset payments you aren't surrendering be up to date on the day you file.