How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

Wells fargo was awarded Summary Judgement re a foreclosure

Resolved Question:

Wells fargo was awarded Summary Judgement re a foreclosure on a house. I have sent to Wells fargo a legal Negoiatable Bonded Promissory Note that is back by my offset Band at the US treasury. Wells fargo refuses to take this legal tender, HOWEVER my rights are violated in that they MUST accept legal Tender. Is there a way to forestall this sale. I thought I was going to get an estoppel by an action I entered but was denied today Sat Nov 1. The sale is Mn\onday Nov 3! Is there a way to forestall via injucction early Monday AM??
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Hello,

Thank you for your question. I am happy to assist you.

What time is the sale? Can you be there?

Customer: replied 8 years ago.
YES. I can be there. The noticde I received did not give a time, however, I expect 10 AM EST. I can check that. Perhaps an Injunction UNTIL Wells Fargo can be consulted re "non-acceptance", and/or "non-notification to the court". Reason for denial of estoppel: "The court has not been notified by Wells Fargo Bank that it has been paid in full by Defendant, therefore the Motion to Estoppel Sale is denied."
Expert:  Ellen replied 8 years ago.

You have a very short time frame to work with. The best way I am aware of with such strict time constraints is to file a Chapter 13 skeleton petition tomorrow. Then hand deliver a Notice of Automatic Stay at the foreclosure sale.


The foreclosure sale could not legally take place in light of the actual knowledge of the bankruptcy filing. It would remove the action from state court and put it in Federal court.


I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLAandNYLAWYER

Please click ACCEPT so that I can get credit for my work

Bonus and Positive Feedback gratefully accepted!

THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

 

Customer: replied 8 years ago.
If I do the Chapter 13 skeleton petition tomorrow (Sunday??) and hand deliver as stated, then can I withdraw this Chapter 13 skeleton petition a few weeks later?
Expert:  Ellen replied 8 years ago.
Yes, you can typically file on Sunday. There is a box at most main bankruptcy courts for such emergency filings.

Your Ch 13 would typically be dismissed if you fail to appear or file the plan. However, you may choose to stay in the plan to use the federal bankruptcy court to force the acceptance of the payoff. After the payoff is completed, you can then dismiss the Ch 13.

You will need a bankruptcy lawyer to assist you.

I hope that this information has helped you.


If I can be of assistance in the future, please ask for FLAandNYLawyer.


Please CLICK ACCEPT so I can receive credit

Bonus and Positive Feedback = job well done.


THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE


Ellen and other Bankruptcy Law Specialists are ready to help you