Did you list Movement as a creditor in your Bankruptcy petition?
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.
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.
THANK YOU! Yes, this is exactly what I wanted to know. Thank you for your reply and expediency.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).