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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I own the mortgage on a home in Ohio. Borrower filed BK13,

Resolved Question:

I own the mortgage on a home in Ohio. Borrower filed BK13, filed to make pymts to us (actually the prior loan owner at that time). The prior loan owner obtained relief from sta, and negotiated a forbearance agreement w/ the borrower. They are now current on the loan. The BK was later converted to BK7. I was reviewing pacer docs. Filings include:
1. discharge of debtor in a chapter 7 case
2. trustee notice of proposed abandonment

I wld like to ensure that my lien remains secured and that I am not missing any important BK filings to protect the position. Can someone help review this BK docket? Pls let me know fee for doing so. I will be back in 30min incase someone is available to discuss.XXX@XXXXXX.XXX, tel: XXX-XXX-XXXX
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.
Hi JACustomer,
I can go over the list of papers that were filed for this Bankruptcy case. It looks like you provided a deposit for this question. There would not be an additional charge.
Customer: replied 3 years ago.
pls advise if you can review the court docket on pacer, and/or if I shld email the docs to you. My email:XXX@XXXXXX.XXX. Tx, Jerrel
Expert:  cfortunato replied 3 years ago.
Please provide links to the documents. If I have to get them from Pacer, I have to pay.
Customer: replied 3 years ago.
Let me know if this provides what you need.

1. Relief from stay doc:

2. Notice of proposed abandonment:

3.Discharge of debtor:

As mentioned, I wld like to ensure my lien and secured creditor position are protected, and that the "abandonment" or discharge filings do not impact that.
Expert:  cfortunato replied 3 years ago.

No - that did not work.

Can you copy and paste the contents of the documents?

Customer: replied 3 years ago.
cannot upload docs.
if you can look on pacer, the debtor's name: Gregory K Mason in Northern Ohio district, case # XXXXX I will reimburse for pacer expenses.
Does that work?
Customer: replied 3 years ago.
any luck w/ this?
Expert:  cfortunato replied 3 years ago.

I can see the documents. The charge is minimal, so don't worry about it.

There was no relief from the automatic stay granted - because the motion was withdrawn.

1) Is this property rental property or is it the debtor's residence?

2) There is also a bank with a mortgage on this property. Is your mortgage junior to that mortgage?

3) Were you listed as a creditor in the Bankruptcy paperwork?

Customer: replied 3 years ago.
Re: relief, wasn't it granted here: "02/04/2011 66 Order Upon Affidavit of Kundaur Capital Corporation Granting Final Relief From Stay Signed on 2/4/2011 (RE: related document(s) 65 Affidavit). (buehl crt) (Entered: 02/04/2011)"

This is a debtor's residence. I am the bank with the mortgage on the property, we are the sr (first) lien.

I bought the loan from Kondaur. I am NOT in the BK paperwork. I was about to process transfer of claim docs when Kondaur told me no need given that relief was granted. If this is incorrect, I am guessing I shld process transfer of claim.
Expert:  cfortunato replied 3 years ago.

You are correct - the stay was released on 2/4/11.
There are no documents that released the lien on the property, which is anyway not possible for any mortgage for the debtor's residence in a Chapter 7.
Additionally, the abandonment notice - which is routine - and the discharge papers have not addressed the lien (which is routine).
(When it is possible to remove a lien in any Bankruptcy, it is necessary for the debtor to file a separate "Lien Avoidance" motion while the Bankruptcy is in progress, in order to remove the lien.)

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

Customer: replied 3 years ago.
Just to be crystal clear:
1. you are saying that my first lien is secure and not undermined by the abandonment or discharge filings. Correct?
2. relief WAS granted. Correct?
3. If relief was granted, I am free to have direct contact w/ the borrower. Correct?
4. do i need to process transfer of claim documents or respond to the trustee's abandonment or discharge filings?
Expert:  cfortunato replied 3 years ago.

1) Yes - abandoning property just means the trustee does not want it, or cannot take it. Abandoning property has no affect on liens.

2) Yes - relief from the automatic stay was granted twice - 1) on 2/4/11 while the Bankruptcy was in progress: and 2) on the date of discharge.

3) Yes - relief from the stay and the abandonment mean you can foreclose the lien as if the Bankruptcy had not been filed. However, as the mortgage was discharged in the Bankruptcy, you cannot attempt to collect the money for the mortgage.

4) There is nothing for you to file with the Bankruptcy court, and there is no need to respond to the abandonment or discharge.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
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