Objection to Mortgage claim when home has been surrendered
Posted: Wed May 12, 2010 10:39 pm
How did you surrender? Is that a plan term?
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On May 12, 2010, at 10:02 PM, Amy Clark wrote:
My feeling is there is no way they can amend if the house was surrendered and they are moving towards foreclosure.
My problem right now is that until the relief from stay, they cannot file a Notice of Default. Until they file that, the argument that they are foreclosing is weaker.
And the hearing on the motion for relief from stay is the same day as confirmation.
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."
On Wed, May 12, 2010 at 9:43 PM, Dennis McGoldrick wrote:
Gosh, what if you object and they amend their claim?
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On May 12, 2010, at 5:05 PM, Amy Clark wrote:
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?
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."
How did you surrender? Is that a plan term?Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On May 12, 2010, at 10:02 PM, Amy Clark <kleinpeterbk@gmail.com> wrote:
My feeling is there is no way they can amend if the house was surrendered and they are moving towards foreclosure.My problem right now is that until the relief from stay, they cannot file a Notice of Default. Until they file that, the argument that they are foreclosing is weaker.
And the hearing on the motion for relief from stay is the same day as confirmation. -- Amy Clark Kleinpeter1489 E. Colorado Blvd. #207Pasadena, 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."
On Wed, May 12, 2010 at 9:43 PM, Dennis McGoldrick <easky1@yahoo.com> wrote:
Gosh, what if you object and they amend their claim?Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On May 12, 2010, at 5:05 PM, Amy Clark <kleinpeterbk@gmail.com> wrote:
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?
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."
The post was migrated from Yahoo.