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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2670
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I received a Motion to Not Interfere with REM

Customer Question

Hi...I received a Motion to Not Interfere with REM Proceedings based on multiple reasons in my 7 year foreclosure case. The primary reason of those uses the word "surrender" to mean something different than what Federal Chapter 7 defines it as (not surrender property, title, to bank...but "let the trustee decide whether to take title and sell the property (which he didn't).An article (posted 1/13/2012 by Mark Stopa) specifically states because of ruling in case RANDALL GENTRY, Debtor, US BAnk Court, Middle District of FL, Tampa. Case No 8: 11-bk-03796-CED, Ch 7. Nov 15, 2011, Delano Judge that "even though the homeowner filed bankruptcy and "surrendered" the home, the homeowner may remain on title (WHY?), can remain in posssession (WHY?), and can defend a foreclosure lawsuit (WHY?). Thanks...not getting the connection between homestead and these conclusions.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Can you please clarify if: 1) The court has already RULED on this motion, or, the motion has been filed by Plaintiff but no ruling has yet been done by the Court, and2) What are you asking here, i.e. what is your question? For example: "How do I respond," or "Do I need to respond," etc?
Customer: replied 1 year ago. ruling by the Court, just received motion. How on the particular point that I raised. I have other defenses against REM including 5 fraud aff def (3 with absolute proof before discovery seeking) and the fact a Chap 7 filing have doc that states with my handwriting in 3 places not giving up prop, right to sue, etc.. It's the above particular connection between the statement in the article and the case sighted that I'm looking for to be clarified so that I can include it to rebut deny the order request.
Expert:  Ely replied 1 year ago.
Thank you. I am going to opt out of your question and open this up for other experts.Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.My apologies for any inconvenience and good luck...