Sale Tommorow after MFRS - Real Property Lender Possibly Violated Reaff - Recourse?
Posted: Thu Jan 28, 2010 11:46 am
Hi everyone,
Interesting fact pattern here.
Got a call late yesterday from a pro se chapter 7. Apparently, Debtor
entered into a reaffirmation agreement (filed and signed with the court)
with both her lender's on real property. The terms, roughly, were that they
were going to put the arrears at the back of the loan and consider her
current. Reaffirmation agreement was set for hearing .
Before the hearing, Debtor claims that that at least one lender stopped
accepting payments as agreed to in the reaffirmation agreement and filed for
relief from stay. MFRS went unopposed and was granted by the Judge.
Hearing on the reaffirmation agreements were apparently taken off calendar
as there is no docket entry. In the order granting the MFRS, the Judge
notes that the lender is free to contact the Debtor to make a
forbearance/modification agreement with the Debtor.
I have no other facts as of this time. Debtor is pro se and might not have
a full understanding of what is happening.
What can be done to stop the sale? It's been more than 10 days since the
MFRS was granted and the sale is TOMORROW.
AP in BK court against the lender with a TRO?
State wrongful foreclosure lawsuit with TRO?
Any other suggestions?
Thanks,
Donny Brand
Brand & Spellman PC
3836 E. Anaheim St.
Long Beach, CA 90804
562-438-7500
888-99-BKRPT (888-992-5778)
www.brandspellman.com
This message originates from the law firm of Brand & Spellman PC and may
contain legally privileged and confidential information intended solely for
the use of the addressee. If you are not the intended recipient and have
received this message in error, please notify us at
info@brandspellman.com and delete this email
from your system. Any unauthorized reading, distribution, copying, or other
use of this email or its attachments is strictly prohibited.
Hi everyone,
Interesting fact pattern here.
Got a call late yesterday from a pro se chapter 7.
Apparently, Debtor entered into a reaffirmation agreement (filed and signed
with the court) with both her lender’s on real property. The terms,
roughly, were that they were going to put the arrears at the back of the loan
and consider her current. Reaffirmation agreement was set for hearing .
Before the hearing, Debtor claims that that at least one lender
stopped accepting payments as agreed to in the reaffirmation agreement and
filed for relief from stay. MFRS went unopposed and was granted by the
Judge. Hearing on the reaffirmation agreements were apparently taken off
calendar as there is no docket entry. In the order granting the MFRS, the
Judge notes that the lender is free to contact the Debtor to make a forbearance/modification
agreement with the Debtor.
I have no other facts as of this time. Debtor is pro
se and might not have a full understanding of what is happening.
What can be done to stop the sale? It’s been
more than 10 days since the MFRS was granted and the sale is TOMORROW.
AP in BK court against the lender with a TRO?
State wrongful foreclosure lawsuit with TRO?
Any other suggestions?
Thanks,
Donny Brand
Brand
& Spellman PC
3836
E. Anaheim St.
Long
Beach, CA 90804
562-438-7500
888-99-BKRPT
(888-992-5778)
www.brandspellman.com
--------------------
This
message originates from the law firm of Brand & Spellman PC and may contain
legally privileged and confidential information intended solely for the use of
the addressee. If you are not the intended recipient and have received this
message in error, please notify us at info@brandspellman.com and delete this email from
your system. Any unauthorized reading, distribution, copying, or other use of
this email or its attachments is strictly prohibited.
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