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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Movement (a foreclosure mill) filed a motion for releif from

Resolved Question:

Movement (a foreclosure mill) filed a motion for releif from automatic stay sighting lack of equity reasons, and before the 341 meeting!

I plan on objecting to the motion, and showing up based on the fact that they have NOT demonstrated that they hold the mortgage, and I beleive that the moving party is not the party that was granted the mortgage, and they did not attach proof of their assignment of the debt to its motion. Without this proof, it lacks standing to make the motion.

What is the rule/law that I should state in my rebuttal. Can you provide me sample cases, names of cases I can study so I that I can prepare my response clearly and correctly?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.

Hi JACustomer,

Did you list Movement as a creditor in your Bankruptcy petition?

Customer: replied 5 years ago.

I listed the bank that held the mortgage. I think this creditor purchased it from the bank. I've been going back and forth with the bank, unanswered QWR letters, etc. There are definitely quiet title issues.

 

In the bankruptcy papers, I said how my intentions was to give them the deed in lieu, to stop any type of deficiency judgments later on, since the mortgage is also in my estranged husband's name who is not filing for BK.

 

I just dont want to do this BEFORE my BK is granted. I just filed for BK last thursday, the foreclosure mill attornies filed their motion on Friday, and now the hearing is set for next Friday for the releif of automatic stay.

 

I intent to show up so that releif is not granted before the BK case is even granted.

 

Those are my thoughts. Let me know if from a legal stand point if I am way off.

Expert:  cfortunato replied 5 years ago.

It will be difficult to find any cases that address your specific issue. However, I don't think it necessary for you to provide cases, as the relevant statute clearly states that only a "party in interest" is allowed to file a motion for relief from the automatic stay. Bankruptcy Stat. 362(d).

If you did not list Movement as a creditor in your Bankruptcy petition, Movement is not a "party in interest", unless they can prove that they are the successors to the original lender - by providing proof of assignment.

In other words, you are on the right track by objecting to this motion based on the fact that Movement is not a "party in interest", and therefore has no standing to submit this motion.

 

I think this is what you wanted to know. If not, please let me know.
Thank you.

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.

THANK YOU! Yes, this is exactly what I wanted to know. Thank you for your reply and expediency.

 

Kind Regards,