.jpg)
Objection to Mortgage claim when home has been surrendered
Gosh, what if you object and they amend their claim?
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On May 12, 2010, at 5:05 PM, Amy Clark wrote:
Hello all,
Chapter 13 plan -- debtor is surrendering his property. We spoke to
prior servicer and were going to stipulate to relief from stay but
loan has been transferred to WF.
Wells Fargo promptly filed Mt for relief from stay.
We are filing Non-opposition.
WF then files claim for full amount of mortgage -- this is violation
of one action rule PLUS kills the 100% plan (really, adding, $219,000
in claims kills my plan. Odd, huh?)
Anyone have a sample objection??
Confirmation hearing in this already hard-fought BK is May 26 with VK.
WTHeck do I do here?
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate."
"Like the witness protection program!"
"Exactly."
Gosh, what if you object and they amend their claim?Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On May 12, 2010, at 5:05 PM, Amy Clark <kleinpeterbk@gmail.com> wrote:
Hello all,
Chapter 13 plan -- debtor is surrendering his property. We spoke to
prior servicer and were going to stipulate to relief from stay but
loan has been transferred to WF.
Wells Fargo promptly filed Mt for relief from stay.
We are filing Non-opposition.
WF then files claim for full amount of mortgage -- this is violation
of one action rule PLUS kills the 100% plan (really, adding, $219,000
in claims kills my plan. Odd, huh?)
Anyone have a sample objection??
Confirmation hearing in this already hard-fought BK is May 26 with VK.
WTHeck do I do here?
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate."
"Like the witness protection program!"
"Exactly."
The post was migrated from Yahoo.
charset="US-ASCII"
Amy:
Why do you need a 100% plan?
What if you do not object, amend the plan and schedules and let it be
confirmed with WFB as an unsecured and then get declaratory relief stating
that WFB has chosen their remedy and thus lost their security. Let them get
.01% of the principal balance from the unsecured pool and the remainder
discharged at the end of the plan. Client gets house for pennies.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
Hello all,
Chapter 13 plan -- debtor is surrendering his property. We spoke to
prior servicer and were going to stipulate to relief from stay but
loan has been transferred to WF.
Wells Fargo promptly filed Mt for relief from stay.
We are filing Non-opposition.
WF then files claim for full amount of mortgage -- this is violation
of one action rule PLUS kills the 100% plan (really, adding, $219,000
in claims kills my plan. Odd, huh?)
Anyone have a sample objection??
Confirmation hearing in this already hard-fought BK is May 26 with VK.
WTHeck do I do here?
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate."
"Like the witness protection program!"
"Exactly."
The post was migrated from Yahoo.