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Violation of Automatic Stay by Lender
App 4 osc re contempt,
Or complaint, app 4 tro and preliminary injunction
Osc is less work and when judge issues order, you get the creditors attention.
Sent from my iPhone
On Oct 7, 2010, at 4:50 PM, "GaryB" wrote:
Dear Listmates:
Have a client in Chapter 13 confirmed in October, 2009. Client is in current status as to plan and mortgage payments. Earlier this year servicer filed an MFRS, but we were able to prove that client was always current. Two months ago servicer filed a Notice of Default and sent two notices to client. I called the servicer last month and advised re: violation of automatic stay. They promised to correct the situation. Now client received a Notice of Trustee Sale. I intend to file a Complaint Seeking Contempt Remedies for Violation of the Automatic Stay. Any other ideas?
Thank you.
App 4 osc re contempt,Or complaint, app 4 tro and preliminary injunctionOsc is less work and when judge issues order, you get the creditors attention.Sent from my iPhoneOn Oct 7, 2010, at 4:50 PM, "GaryB" <garybarsegianesq@yahoo.com> wrote:
Dear Listmates:
Have a client in Chapter 13 confirmed in October, 2009. Client is in current status as to plan and mortgage payments. Earlier this year servicer filed an MFRS, but we were able to prove that client was always current. Two months ago servicer filed a Notice of Default and sent two notices to client. I called the servicer last month and advised re: violation of automatic stay. They promised to correct the situation. Now client received a Notice of Trustee Sale. I intend to file a Complaint Seeking Contempt Remedies for Violation of the Automatic Stay. Any other ideas?
Thank you.
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