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Can a foreclosure sale proceed before the MFR order is entered?
Look at the relief asked for, the movant may have asked for retroactive relief.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
On Sunday, February 16, 2014 7:50 PM, cdcbaa wrote:
Need an entered order. An order is not final until the appeal period expires, but most creditors will go to sale after the order is entered, as they claim they can rely on the order.
I have never seen a case where a court set aside a sale after a rfs order entered. Why, the creditor relied on the court's order.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Feb 14, 2014, at 4:22 PM, wrote:
>FRBP 9021 sets forth that "A
judgment or order is effective when entered under Rule 5003."
>
>Rule 5003 states:(a) Bankruptcy Dockets. The
clerk shall keep a docket in each case under the Code and shall enter thereon
each judgment, order, and activity in that case as prescribed by the Director
of the Administrative Office of the United States Courts. The entry of a
judgment or order in a docket shall show the date the entry is made.>
>It is my understanding
however, that for example, a new Chp. 13 can be filed even if the order on the
prior Chp. 13 has not yet been entered, if the dismissal was in open court.>
>So, can a
lender proceed with foreclosure if the MFR order has not yet been entered? I
know that title/escrow might require the entered order, but I am looking for
something a bit more solid.
>
>Thanks!!
>
>
>- Roksana D. Moradi, Esq.
>
>
>SIMON RESNIK HAYES LLP
>15233 Ventura Boulevard, Suite 250
>Sherman Oaks, CA 91403
>Direct Line:(818) 933-2843
>Main Line:(818) 783-6251
>Facsimile:(818) 827-4919
The post was migrated from Yahoo.
Need an entered order. An order is not final until the appeal period expires, but most creditors will go to sale after the order is entered, as they claim they can rely on the order.
I have never seen a case where a court set aside a sale after a rfs order entered. Why, the creditor relied on the court's order.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Feb 14, 2014, at 4:22 PM, wrote:
>
> FRBP 9021 sets forth that "A judgment or order is effective when entered under Rule 5003."
>
>
>
> Rule 5003 states: (a) Bankruptcy Dockets. The clerk shall keep a docket in each case under the Code and shall enter thereon each judgment, order, and activity in that case as prescribed by the Director of the Administrative Office of the United States Courts. The entry of a judgment or order in a docket shall show the date the entry is made.
>
>
>
> It is my understanding however, that for example, a new Chp. 13 can be filed even if the order on the prior Chp. 13 has not yet been entered, if the dismissal was in open court.
>
>
>
> So, can a lender proceed with foreclosure if the MFR order has not yet been entered? I know that title/escrow might require the entered order, but I am looking for something a bit more solid.
>
>
>
> Thanks!!
>
>
>
> - Roksana D. Moradi, Esq.
>
>
>
> SIMON RESNIK HAYES LLP
>
> 15233 Ventura Boulevard, Suite 250
>
> Sherman Oaks, CA 91403
>
> Direct Line: (818) 933-2843
>
> Main Line: (818) 783-6251
>
> Facsimile: (818) 827-4919
>
>
The post was migrated from Yahoo.
Was waiver of the 14 day stay granted? If not, then I think it pretty safe
to assume the bank will not foreclose before the entry of the order. Also,
with only few exceptions, orders in our District are stamped "FILED &
ENTERED" and the date follows; so, I would think that is the date that
matters as "entry".
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Was waiver of the 14 day stay granted? If not, then I think it pretty safe to assume the bank will not foreclose before the entry of the order. Also, with only few exceptions, orders in our District are stamped "FILED & ENTERED" and the date follows; so, I would think that is the date that matters as "entry".
--
The post was migrated from Yahoo.