Objection to Mortgage claim when home has been surren=
Posted: Wed May 12, 2010 6:01 pm
Outstanding answer!
To: cdcbaa@yahoogroups.com
Sent: Wednesday, May 12, 2010 5:47:15 PM
Subject: RE: [cdcbaa] Objection to Mortgage claim when home has been surrendered
Amy: Why do you need a 100% plan? What if you do not object, amend the plan and schedules and let it be confirmed with WFB as an unsecured and then get declaratory relief stating that WFB has chosen their remedy and thus lost their security. Let them get .01% of the principal balance from the unsecured pool and the remainder discharged at the end of the plan. Client gets house for pennies. If you have any questions or concerns, please contact me. Pat Patrick T. Green, Esq. Fitzgerald Green Attorneys at Law 1010 E. Union Street Suite 206 Pasadena, CA 91106 Tel: 626-449-8433 Fax: 626-449-0565 pacom] On Behalf Of Amy Clark Sent: Wednesday, May 12, 2010 5:06 PM To: cdcbaa@yahoogroups.com Subject: [cdcbaa] Objection to Mortgage claim when home has been surrendered Hello all, Chapter 13 plan -- debtor is surrendering his property. We spoke to prior servicer and were going to stipulate to relief from stay but loan has been transferred to WF. Wells Fargo promptly filed Mt for relief from stay. We are filing Non-opposition. WF then files claim for full amount of mortgage -- this is violation of one action rule PLUS kills the 100% plan (really, adding, $219,000 in claims kills my plan. Odd, huh?) Anyone have a sample objection?? Confirmation hearing in this already hard-fought BK is May 26 with VK. WTHeck do I do here? -- Amy Clark Kleinpeter 1489 E. Colorado Blvd. #207 Pasadena, CA 91106 (626) 507-8090 "Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate." "Like the witness protection program!" "Exactly."
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