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Motion to approve short sale--small 2nd with lender who's status with SOS has been suspended since 2012
Consider a motion to compel abandonment of the property to debtor
Sent from my iPhone - please excuse typos.
> On Mar 15, 2016, at 1:00 PM, Daniela Romero dromerolaw@gmail.com [cdcbaa] wrote:
>
> Hi all,
>
> I'm about to prepare a motion to approve a short sale, but there is a 26k 2nd with a mortgage company that has been suspended by the SOS since 2012. I do have address and CEO information from the title company and the seller's agent. but the address is different from the SOS website.
>
> Should I set this motion for hearing to avoid any issues? In the past, I had an issue on a sale motion (with the same 1st mortgage company) where the lender filed a "conditional approva.l" After the conditional approval was filed, the judge ended up requiring a hearing. The lender ended up signing a stipulation on the sale and it all worked out well, but I'm dealing with the same lender in this particular sale. The "conditional approval" in that case made no sense and the lender's attorney admitted that, but once it was set for hearing we had to follow through by filing the stipulation.
>
> Anyone have thoughts about whether I should just set the motion for hearing or file it as a "no hearing required" motion? Thanks in advance.
>
> Sincerely,
>
>
> Daniela P. Romero
> Law Offices of Daniela Romero, APLC
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