Can a foreclosure sale proceed before the MFR order is entered?
Posted: Tue Feb 18, 2014 6:28 am
Look at the relief asked for, the movant may have asked for retroactive relief.
Law Office of Catherine Christiansen
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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.
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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
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