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Question re: Ellen Carroll & Stipulations on unsecured 2nd Mortgages
Dear Friends:
I have a client that cannot afford to pay the 2nd while they go through an
adversary proceeding. I know many of you would stop the analysis right
there and not bother. But the debtors have little alternative but to try or
they lose their home. So not for nothing. . . . . Does anyone have
experience with OCWEN or any other lender in the 2nd position being willing
to sign a stipulation before filing the bankruptcy regarding lien avoidance
on 2nd lien that can be filed immediately with the bankruptcy? Or Can we
get a temporary forbearance by the lender which would stay all payments
pending the outcome of the adversary? Will Judge Carroll honor the
forbearance agreement? Any other ideas to get around this rule about paying
the 2nd mortgages while awaiting outcome of adversary?
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete
this e-mail from your system.
Dear Friends:I have a client that cannot afford to pay the 2nd while they go through an adversary proceeding. I know many of you would stop the analysis right there and not bother. But the debtors have little alternative but to try or they lose their home. So not for nothing. . . . . Does anyone have experience with OCWEN or any other lender in the 2nd position being willing to sign a stipulation before filing the bankruptcy regarding lien avoidance on 2nd lien that can be filed immediately with the bankruptcy? Or Can we get a temporary forbearance by the lender which would stay all payments pending the outcome of the adversary? Will Judge Carroll honor the forbearance agreement? Any other ideas to get around this rule about paying the 2nd mortgages while awaiting outcome of adversary?
-- R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (323) 304-5496NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
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