(I hope you don't mind the informal moniker, no "dis'" intnded)
Just to make sure and give you the entire context, I guess the only other circumstances were: we received a sale notice
back in December '09. I then filed an action citing a number of issues such as breach of contract
, lack of valid consideration, conversion of funds, undue enrichment and petitioned for an ex-parte hearing to get an RO and stop the sale. I initially suceeded.
It was then transferred to another Judge, I was served with another sale date by the bank while waiting for a hearing so I requested another ex-parte and was refused the RO and stay this time on the grounds (the one they use to baffle the rookies every time) of "not stating a claim upon which relief can be granted". At the time I had no idea what that meant or how to resolve it.
(((((As a result of all this I have recently become an avid amateur law student (I have been acting pro per; "acting" being the operative portion of that statement). I have no dough for attorneys; the result of my civil engineering business tanking after the total collapse of the local construction industry and real estate market. If I had enouigh money to pay attorneys I wouldn't be missing loan payments or filing for Bankruptcy. THAT is the MOST cruel irony of this whole sordid mess))))
Back to the story: So to stop the sale again, I immediately filed for Chapter 11, as my wife had been urging me to do anyway. This is the point where the bank filed the motion to remove the automatic stay on the property. After being notified of the motion to remove the stay which I did not contest (because it was part of a verbal deal so the Bank wouldn't try to sell my primary residence too). So I never received notice of a scheduled sale date after the stay was removed. Shortly after I became aware that under Chap. 11 we would lose control of ALL of our assets and we would have no say in how they were dealt with, I talked my wife into stopping the Bankruptcy at our hearing date, Our Bankruptcy attorney withdrew us from the process (about 50 days ago) and I recently contacted the Bank to get a pay-off amount and learned thay had sold the property at some point without ever informing us of the public sale date. Since I had not received any notice of a pending sale date, I assumed the bank had not proceeded with the sale yet.
Is your understanding of the situation (and your answer) still the same?
Were they unquestionably required to tell me of the impending sale date?