Page 2 of 3

Standing to stall foreclosure sale

Posted: Wed Aug 07, 2013 2:36 pm
by Yahoo Bot

Sounds like the creditor is a private lender too cheap to hire an attorney.
Best regards
Larry Webb
State Bar of California 229344
Central District California
"A Debt Relief Agency"
Check out my Blog
Larry@webbklaw. com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
C 805.750.2150

The post was migrated from Yahoo.

Standing to stall foreclosure sale

Posted: Wed Aug 07, 2013 12:54 pm
by Yahoo Bot

Sounds like he is out of his depth on the definition of fraud too! Peopleborrow money as trustee's of revocable living trusts all the time.
Usually lenders are too lazy to allow them to borrow through the trust (they
don't want to pay a lawyer to review the trust documents) and require theborrowers to reconvey the property back to themselves prior to lending. Then
the borrower is supposed to convey again to themselves as trustee of theirrevocable living trust.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 8/7/2013 12:43:17 P.M. Pacific Daylight Time,
havkinlaw@earthlink.net writes:
Thank you. I knew this but he is now claiming bank fraud in taking out theloan in the name if the trust. Good luck in suing my 80 year old debtor.
Sent from my Stella Havkin's IPhone
On Aug 7, 2013, at 8:24 PM, _jesseelaw@aol.com_ (mailto:jesseelaw@aol.com) wrote:
Stella:
I presume this is a revocable living trust in CA. If so the creditorrepresentative is clearly out of his/her depth! There is no difference
between an individual debtor and the debtors revocable living trust as to
creditors during the debtors lifetime pursuant to CA Probate Code 18200. CA
Probate Code 18201 makes clear that all of a debtors assets held in a
revocable living trust are eligible for the same exemptions. A debtorrevocable living trust is for the benefit of the debtor during the debtorlifetime, so that property interest is always an asset of the bankruptcy
estate under Section 341(a).
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 8/7/2013 11:59:03 A.M. Pacific Daylight Time,
_havkinlaw@earthlink.net_ (mailto:havkinlaw@earthlink.net) writes:
I am out if town. I need help quickly. A very aggressive creditor. My
debtors hold property in a living trust. The creditor is claiming that Ihave to file a petition for the living trust not just the debtors. I need
law on the fact that the property is property of the Bk estate and any
action taken against the property would be in violation of the automatic stay.
Sent from my Stella Havkin's IPhone
On Aug 7, 2013, at 6:42 PM, cdcbaa wrote:
Sylvia:
The only codebtor stay are in chapters 12 & 13. Foreclosure against
nondebtor would not be stayed in a 7 or an 11, only in 13, and only if codebtor
stay applies.
(a) Except as provided in subsections (b) and (c) of this section, after
the order for relief under this chapter, a creditor may not act, or commence
or continue any civil action, to collect all or any part of a consumer
debt of the debtor from any individual that is liable on such debt with the
debtor, or that secured such debt, unless
(1) such individual became liable on or secured such debt in the ordinarycourse of such individual's business; or
(2) the case is closed, dismissed, or converted to a case under chapter 7or 11 of this title.
(a) Except as provided in subsections (b) and (c) of this section, after
the order for relief under this chapter, a creditor may not act, or commence
or continue any civil action, to collect all or any part of a consumer
debt of the debtor from any individual that is liable on such debt with the
debtor, or that secured such debt, unless
(1) such individual became liable on or secured such debt in the ordinarycourse of such individual's business; or
(2) the case is closed, dismissed, or converted to a case under chapter 7of this title.
Since in the 9th Cir. a residential mortgage is a consumer debt, I would
opine the codebtor stay applies.
note, codebtor has no hyphen.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
310-328-1001-voice
On Aug 1, 2013, at 1:59 PM, "sbombalier" wrote:
Hello Listserv members:
I need to get your opinion on this. My client is on a mortgage loan, but
title is solely in her parents' names. A foreclosure sale is pending for
early next month.
I read the notice of sale and it refers to the note, having been executedby my client, as the basis for the sale. If my client files for BK, wouldthe filing stay the sale, eventhough she's not on title?
Any input is greatly appreciated, as always.
Silvia
Sounds like he is out of his depth on the definition of fraud too!
People borrow money as trustee's of revocable living trusts all the
time. Usually lenders are too lazy to allow them to borrow through the
trust (they don't want to pay a lawyer to review the trust documents) and
require the borrowers to reconvey the property back to themselves prior tolending. Then the borrower is supposed to convey again to themselves as
trustee of their revocable living trust.


Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)

In a message dated 8/7/2013 12:43:17 P.M. Pacific Daylight Time,
havkinlaw@earthlink.net writes:



Thank you. I knew this but he is now claiming bank fraud in taking out
the loan in the name if the trust. Good luck in suing my 80 year old
debtor.Sent from my Stella Havkin's IPhone
On Aug 7, 2013, at 8:24 PM, jesseelaw@aol.com wrote:




Stella:

I presume this is a revocable living trust in CA. If so the creditors representative is clearly out of his/her depth! There is no
difference between an individual debtor and the debtors revocable living
trust as to creditors during the debtors lifetime pursuant to CA Probate
Code 18200. CA Probate Code 18201 makes clear that all of a debtors
assets held in a revocable living trust are eligible for the same
exemptions. A debtors revocable living trust is for the
benefit of the debtor during the debtors lifetime, so that property
interest is always an asset of the bankruptcy estate under Section
341(a).


The post was migrated from Yahoo.

Standing to stall foreclosure sale

Posted: Wed Aug 07, 2013 12:53 pm
by Yahoo Bot

That is what I thought. I am at a wedding right now in London. I can go enjoy the party. I will email the guy. I really appreciate everyone's help.
Sent from my Stella Havkin's IPhone
On Aug 7, 2013, at 8:47 PM, "James T. King" wrote:
> Two minor points.
>
> Trust cannot be a debtor see 109
>
> And, I think Mark meant 541(a) not 341(a)
>
>
>
> I always admire Marks responses and read them with great interest.
>
>
>
Steven B. Lever
> Sent: Wednesday, August 07, 2013 12:32 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Standing to stall foreclosure sale
>
>
>
>
>
> Mark;
>
>
>
> I admire that explanation. Very clear, succinct and lawyerly!
>
>
>
> Now I can use it because this issue comes up all the time, like cancelation of indebtedness with IRS Section 108.
>
>
>
> I will quote the Probate Code now as well instead of just the basic effects of it.
>
>
>
> I actually have a client who was sold an Revocable Living Trust thinking it was creditor protection. Found out if wasnt after the abstract of judgment attached.
>
>
>
> Thank you
>
>
>
> Steve
>
>
>
> Steven B. Lever
>
>
>
jesseelaw@aol.com
> Sent: Wednesday, August 07, 2013 12:25 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Standing to stall foreclosure sale
>
>
>
>
>
> Stella:
>
>
>
> I presume this is a revocable living trust in CA. If so the creditorence between an individual debtor and the debtors revocable living trust as to creditors during the debtors lifetime pursuant to CA Probate Code 18200. CA Probate Code 18201 makes clear that all of a debtors assets held in a revocable living trust are eligible for the same exemptions. A debtors revocable living trust is for the benefit of the debtor during the debtors lifetime, so that property interest is always an asset of the bankruptcy estate under Section 341(a).
>
>
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
>
> In a message dated 8/7/2013 11:59:03 A.M. Pacific Daylight Time, havkinlaw@earthlink.net writes:
>
>
>
> I am out if town. I need help quickly. A very aggressive creditor. My debtors hold property in a living trust. The creditor is claiming that I have to file a petition for the living trust not just the debtors. I need law on the fact that the property is property of the Bk estate and any action taken against the property would be in violation of the automatic stay.>
> Sent from my Stella Havkin's IPhone
>
>
> On Aug 7, 2013, at 6:42 PM, cdcbaa wrote:
>
>
>
> Sylvia:
>
>
>
> The only codebtor stay are in chapters 12 & 13. Foreclosure against nondebtor would not be stayed in a 7 or an 11, only in 13, and only if codebtor stay applies.
>
>
>
> 1301. Stay of action against codebtor
>
> (a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless
>
> (1) such individual became liable on or secured such debt in the ordinary course of such individual's business; or
>
> (2) the case is closed, dismissed, or converted to a case under chapter 7 or 11 of this title.
>
>
>
>
>
> 1201. Stay of action against codebtor
>
> (a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless
>
> (1) such individual became liable on or secured such debt in the ordinary course of such individual's business; or
>
> (2) the case is closed, dismissed, or converted to a case under chapter 7 of this title.
>
>
>
> Since in the 9th Cir. a residential mortgage is a consumer debt, I would opine the codebtor stay applies.
>
>
>
> note, codebtor has no hyphen.
>
>
>
> d
>
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>
>
>
>
> On Aug 1, 2013, at 1:59 PM, "sbombalier" wrote:
>
>
>
> Hello Listserv members:
>
> I need to get your opinion on this. My client is on a mortgage loan, but title is solely in her parents' names. A foreclosure sale is pending for early next month.
>
> I read the notice of sale and it refers to the note, having been executed by my client, as the basis for the sale. If my client files for BK, would the filing stay the sale, eventhough she's not on title?
>
> Any input is greatly appreciated, as always.
>
> Silvia
>
>
>

The post was migrated from Yahoo.

Standing to stall foreclosure sale

Posted: Wed Aug 07, 2013 12:44 pm
by Yahoo Bot

Typo in my post. I meant its an asset of the estate under Section 541(a)Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 8/7/2013 12:26:59 P.M. Pacific Daylight Time,
jesseelaw@aol.com writes:
Stella:
I presume this is a revocable living trust in CA. If so the creditorrepresentative is clearly out of his/her depth! There is no difference
between an individual debtor and the debtors revocable living trust as to
creditors during the debtors lifetime pursuant to CA Probate Code 18200. CA
Probate Code 18201 makes clear that all of a debtors assets held in a
revocable living trust are eligible for the same exemptions. A debtorrevocable living trust is for the benefit of the debtor during the debtorlifetime, so that property interest is always an asset of the bankruptcy
estate under Section 341(a).
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 8/7/2013 11:59:03 A.M. Pacific Daylight Time,
havkinlaw@earthlink.net writes:
I am out if town. I need help quickly. A very aggressive creditor. My
debtors hold property in a living trust. The creditor is claiming that Ihave to file a petition for the living trust not just the debtors. I need
law on the fact that the property is property of the Bk estate and any
action taken against the property would be in violation of the automatic stay.
Sent from my Stella Havkin's IPhone
On Aug 7, 2013, at 6:42 PM, cdcbaa wrote:
Sylvia:
The only codebtor stay are in chapters 12 & 13. Foreclosure against
nondebtor would not be stayed in a 7 or an 11, only in 13, and only if codebtor
stay applies.
(a) Except as provided in subsections (b) and (c) of this section, after
the order for relief under this chapter, a creditor may not act, or commence
or continue any civil action, to collect all or any part of a consumer
debt of the debtor from any individual that is liable on such debt with the
debtor, or that secured such debt, unless
(1) such individual became liable on or secured such debt in the ordinarycourse of such individual's business; or
(2) the case is closed, dismissed, or converted to a case under chapter 7or 11 of this title.
(a) Except as provided in subsections (b) and (c) of this section, after
the order for relief under this chapter, a creditor may not act, or commence
or continue any civil action, to collect all or any part of a consumer
debt of the debtor from any individual that is liable on such debt with the
debtor, or that secured such debt, unless
(1) such individual became liable on or secured such debt in the ordinarycourse of such individual's business; or
(2) the case is closed, dismissed, or converted to a case under chapter 7of this title.
Since in the 9th Cir. a residential mortgage is a consumer debt, I would
opine the codebtor stay applies.
note, codebtor has no hyphen.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
310-328-1001-voice
On Aug 1, 2013, at 1:59 PM, "sbombalier" wrote:
Hello Listserv members:
I need to get your opinion on this. My client is on a mortgage loan, but
title is solely in her parents' names. A foreclosure sale is pending for
early next month.
I read the notice of sale and it refers to the note, having been executedby my client, as the basis for the sale. If my client files for BK, wouldthe filing stay the sale, eventhough she's not on title?
Any input is greatly appreciated, as always.
Silvia
Typo in my post. I meant its an asset of the estate under Section
541(a)

Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)

In a message dated 8/7/2013 12:26:59 P.M. Pacific Daylight Time,
jesseelaw@aol.com writes:



Stella:

I presume this is a revocable living trust in CA. If so the
creditors representative is clearly out of his/her depth! There is no
difference between an individual debtor and the debtors revocable living
trust as to creditors during the debtors lifetime pursuant to CA Probate Code
18200. CA Probate Code 18201 makes clear that all of a debtors assets
held in a revocable living trust are eligible for the same
exemptions. A debtors revocable living trust is for the
benefit of the debtor during the debtors lifetime, so that property interest
is always an asset of the bankruptcy estate under Section 341(a).

Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.
Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)


In a message dated 8/7/2013 11:59:03 A.M. Pacific Daylight Time,
havkinlaw@earthlink.net writes:



I am out if town. I need help quickly. A very aggressive
creditor. My debtors hold property in a living trust. The
creditor is claiming that I have to file a petition for the living
trust not just the debtors. I need law on the fact that the property is property of the Bk estate and any action taken against the property would be in violation of the automatic stay. Sent from
my Stella Havkin's IPhone
On Aug 7, 2013, at 6:42 PM, cdcbaa <
The post was migrated from Yahoo.

Standing to stall foreclosure sale

Posted: Wed Aug 07, 2013 12:41 pm
by Yahoo Bot

Thank you. I knew this but he is now claiming bank fraud in taking out the loan in the name if the trust. Good luck in suing my 80 year old debtor.
Sent from my Stella Havkin's IPhone
On Aug 7, 2013, at 8:24 PM, jesseelaw@aol.com wrote:
> Stella:
>
> I presume this is a revocable living trust in CA. If so the creditorence between an individual debtor and the debtors revocable living trust as to creditors during the debtors lifetime pursuant to CA Probate Code 18200. CA Probate Code 18201 makes clear that all of a debtors assets held in a revocable living trust are eligible for the same exemptions. A debtors revocable living trust is for the benefit of the debtor during the debtors lifetime, so that property interest is always an asset of the bankruptcy estate under Section 341(a).
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
> In a message dated 8/7/2013 11:59:03 A.M. Pacific Daylight Time, havkinlaw@earthlink.net writes:
>
> I am out if town. I need help quickly. A very aggressive creditor. My debtors hold property in a living trust. The creditor is claiming that I have to file a petition for the living trust not just the debtors. I need law on the fact that the property is property of the Bk estate and any action taken against the property would be in violation of the automatic stay.>
> Sent from my Stella Havkin's IPhone
>
> On Aug 7, 2013, at 6:42 PM, cdcbaa wrote:
>
>>
>> Sylvia:
>>
>> The only codebtor stay are in chapters 12 & 13. Foreclosure against nondebtor would not be stayed in a 7 or an 11, only in 13, and only if codebtor stay applies.
>>
>> 1301. Stay of action against codebtor
>> (a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless
>> (1) such individual became liable on or secured such debt in the ordinary course of such individual's business; or
>> (2) the case is closed, dismissed, or converted to a case under chapter 7 or 11 of this title.
>>
>>
>> 1201. Stay of action against codebtor
>> (a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless
>> (1) such individual became liable on or secured such debt in the ordinary course of such individual's business; or
>> (2) the case is closed, dismissed, or converted to a case under chapter 7 of this title.
>>
>> Since in the 9th Cir. a residential mortgage is a consumer debt, I would opine the codebtor stay applies.
>>
>> note, codebtor has no hyphen.
>>
>> d
>>
>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>>
>>
>> On Aug 1, 2013, at 1:59 PM, "sbombalier" wrote:
>>
>>>
>>> Hello Listserv members:
>>>
>>> I need to get your opinion on this. My client is on a mortgage loan, but title is solely in her parents' names. A foreclosure sale is pending for early next month.
>>>
>>> I read the notice of sale and it refers to the note, having been executed by my client, as the basis for the sale. If my client files for BK, would the filing stay the sale, eventhough she's not on title?
>>>
>>> Any input is greatly appreciated, as always.
>>>
>>> Silvia
>
>

The post was migrated from Yahoo.

Standing to stall foreclosure sale

Posted: Wed Aug 07, 2013 12:32 pm
by Yahoo Bot


The post was migrated from Yahoo.

Standing to stall foreclosure sale

Posted: Wed Aug 07, 2013 12:24 pm
by Yahoo Bot

Stella:
I presume this is a revocable living trust in CA. If so the creditorrepresentative is clearly out of his/her depth! There is no difference
between an individual debtor and the debtors revocable living trust as to
creditors during the debtors lifetime pursuant to CA Probate Code 18200. CA
Probate Code 18201 makes clear that all of a debtors assets held in a
revocable living trust are eligible for the same exemptions. A debtorrevocable living trust is for the benefit of the debtor during the debtorlifetime, so that property interest is always an asset of the bankruptcy
estate under Section 341(a).
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 8/7/2013 11:59:03 A.M. Pacific Daylight Time,
havkinlaw@earthlink.net writes:
I am out if town. I need help quickly. A very aggressive creditor. My
debtors hold property in a living trust. The creditor is claiming that Ihave to file a petition for the living trust not just the debtors. I need
law on the fact that the property is property of the Bk estate and any
action taken against the property would be in violation of the automatic stay.
Sent from my Stella Havkin's IPhone
On Aug 7, 2013, at 6:42 PM, cdcbaa wrote:
Sylvia:
The only codebtor stay are in chapters 12 & 13. Foreclosure against
nondebtor would not be stayed in a 7 or an 11, only in 13, and only if codebtor
stay applies.
(a) Except as provided in subsections (b) and (c) of this section, after
the order for relief under this chapter, a creditor may not act, or commence
or continue any civil action, to collect all or any part of a consumer
debt of the debtor from any individual that is liable on such debt with the
debtor, or that secured such debt, unless
(1) such individual became liable on or secured such debt in the ordinarycourse of such individual's business; or
(2) the case is closed, dismissed, or converted to a case under chapter 7or 11 of this title.
(a) Except as provided in subsections (b) and (c) of this section, after
the order for relief under this chapter, a creditor may not act, or commence
or continue any civil action, to collect all or any part of a consumer
debt of the debtor from any individual that is liable on such debt with the
debtor, or that secured such debt, unless
(1) such individual became liable on or secured such debt in the ordinarycourse of such individual's business; or
(2) the case is closed, dismissed, or converted to a case under chapter 7of this title.
Since in the 9th Cir. a residential mortgage is a consumer debt, I would
opine the codebtor stay applies.
note, codebtor has no hyphen.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
310-328-1001-voice
On Aug 1, 2013, at 1:59 PM, "sbombalier" wrote:
Hello Listserv members:
I need to get your opinion on this. My client is on a mortgage loan, but
title is solely in her parents' names. A foreclosure sale is pending for
early next month.
I read the notice of sale and it refers to the note, having been executedby my client, as the basis for the sale. If my client files for BK, wouldthe filing stay the sale, eventhough she's not on title?
Any input is greatly appreciated, as always.
Silvia
Stella:

I presume this is a revocable living trust in CA. If so the
creditors representative is clearly out of his/her depth! There is no
difference between an individual debtor and the debtors revocable living trust
as to creditors during the debtors lifetime pursuant to CA Probate Code
btors assets
held in a revocable living trust are eligible for the same
exemptions. A debtors revocable living trust is for the
benefit of the debtor during the debtors lifetime, so that property interest is
always an asset of the bankruptcy estate under Section 341(a).

Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)

In a message dated 8/7/2013 11:59:03 A.M. Pacific Daylight Time,
havkinlaw@earthlink.net writes:



I am out if town. I need help quickly. A very aggressive creditor. My debtors hold property in a living trust. The creditor
is claiming that I have to file a petition for the living trust not just
the debtors. I need law on the fact that the property is property
of the Bk estate and any action taken against the property would be in
violation of the automatic stay. Sent from my Stella Havkin's
IPhone
On Aug 7, 2013, at 6:42 PM, cdcbaa <
The post was migrated from Yahoo.

Standing to stall foreclosure sale

Posted: Wed Aug 07, 2013 11:57 am
by Yahoo Bot

I am out if town. I need help quickly. A very aggressive creditor. My debtors hold property in a living trust. The creditor is claiming that I have to file a petition for the living trust not just the debtors. I need law on the fact that the property is property of the Bk estate and any action taken against the property would be in violation of the automatic stay.
Sent from my Stella Havkin's IPhone
On Aug 7, 2013, at 6:42 PM, cdcbaa wrote:
> Sylvia:
>
> The only codebtor stay are in chapters 12 & 13. Foreclosure against nondebtor would not be stayed in a 7 or an 11, only in 13, and only if codebtor stay applies.
>
> 1301. Stay of action against codebtor
> (a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless
> (1) such individual became liable on or secured such debt in the ordinary course of such individual's business; or
> (2) the case is closed, dismissed, or converted to a case under chapter 7 or 11 of this title.
>
>
> 1201. Stay of action against codebtor
> (a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless
> (1) such individual became liable on or secured such debt in the ordinary course of such individual's business; or
> (2) the case is closed, dismissed, or converted to a case under chapter 7 of this title.
>
> Since in the 9th Cir. a residential mortgage is a consumer debt, I would opine the codebtor stay applies.
>
> note, codebtor has no hyphen.
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>
>
> On Aug 1, 2013, at 1:59 PM, "sbombalier" wrote:
>
>>
>> Hello Listserv members:
>>
>> I need to get your opinion on this. My client is on a mortgage loan, but title is solely in her parents' names. A foreclosure sale is pending for early next month.
>>
>> I read the notice of sale and it refers to the note, having been executed by my client, as the basis for the sale. If my client files for BK, would the filing stay the sale, eventhough she's not on title?
>>
>> Any input is greatly appreciated, as always.
>>
>> Silvia
>
>

The post was migrated from Yahoo.

Standing to stall foreclosure sale

Posted: Wed Aug 07, 2013 10:42 am
by Yahoo Bot

Sylvia:
The only codebtor stay are in chapters 12 & 13. Foreclosure against nondebtor would not be stayed in a 7 or an 11, only in 13, and only if codebtor stay applies.
(a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless
(1) such individual became liable on or secured such debt in the ordinary course of such individual's business; or
(2) the case is closed, dismissed, or converted to a case under chapter 7 or 11 of this title.
(a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless
(1) such individual became liable on or secured such debt in the ordinary course of such individual's business; or
(2) the case is closed, dismissed, or converted to a case under chapter 7 of this title.
Since in the 9th Cir. a residential mortgage is a consumer debt, I would opine the codebtor stay applies.
note, codebtor has no hyphen.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
On Aug 1, 2013, at 1:59 PM, "sbombalier" wrote:
> Hello Listserv members:
>
> I need to get your opinion on this. My client is on a mortgage loan, but title is solely in her parents' names. A foreclosure sale is pending for early next month.
>
> I read the notice of sale and it refers to the note, having been executed by my client, as the basis for the sale. If my client files for BK, would the filing stay the sale, eventhough she's not on title?
>
> Any input is greatly appreciated, as always.
>
> Silvia
>
>

The post was migrated from Yahoo.

Standing to stall foreclosure sale

Posted: Thu Aug 01, 2013 2:05 pm
by Yahoo Bot

The lender is your client's creditor. Reanalyze Section 362 from that
perspective.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENTOF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THISMESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 8/1/2013 2:01:07 P.M. Pacific Daylight Time,
bombalier@aol.com writes:
Hello Listserv members:
I need to get your opinion on this. My client is on a mortgage loan, but
title is solely in her parents' names. A foreclosure sale is pending for
early next month.
I read the notice of sale and it refers to the note, having been executedby my client, as the basis for the sale. If my client files for BK, wouldthe filing stay the sale, eventhough she's not on title?
Any input is greatly appreciated, as always.
Silvia
The lender is your client's creditor. Reanalyze Section 362 from that
perspective.

Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED
TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE
THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.

In a message dated 8/1/2013 2:01:07 P.M. Pacific Daylight Time,
bombalier@aol.com writes:


Hello Listserv members:I need to get your opinion on this. My client is on a mortgage loan, but title is solely in her parents' names. A
foreclosure sale is pending for early next month.I read the notice of
sale and it refers to the note, having been executed by my client, as the basis for the sale. If my client files for BK, would the filing stay the sale,
eventhough she's not on title? Any input is greatly appreciated, as
always.Silvia

The post was migrated from Yahoo.