Discharged 04/26/05 still concerned

[ricky_v3]

What is the name of your state? Ohio

On March 08, 2005 my current mortgage company filled a "motion of for relief from stay and abandonment". They set a court date for this matter on 05/03/2005. I was just informed that my BK 7 was discharged on 04/26/05. Does all of this end or will the 05/03/2005 court date still stand?

My lawyer told me not to worry, but can Wells Fargo take my house?
What exactly does "Motion for relief from stay and abandonment" mean?

Should I be woored or take the advise of my lawyer that once the discharge happens they cannot take my house?

 

[Ladynred]

Are you behind on your mortgage payments ???
Can you catch up ?
What did you list on your statement of intentions regarding the house ?? Did you intend to reaffirm to keep it ??

When you file for bankruptcy, the automatic stay goes into place. That means that NO collection activity of any kind is allowed. The stay also stops foreclosures and evictions, at least temporarily. In order to go forward with a foreclosure the creditor must ask the court to lift the stay for them (relief from stay) in order to proceed with the forclosure. Once your BK is over, the automatic stay ends.

 

[ricky_v3]

I still owe Aprils payment.... When I filled we did fill with the intentions of keeping the house. I will be making Aprils payment on Monday.. So in all instances yes I will be late.

When a Relief of stay is granted, will the mortgage co forclose right a way? or does this speed up the proccess incase I hit 120 days late again?

Should I call Wells Fargo now that I'm discharged?

 

[Ladynred]

Once the relief from stay is granted, they can proceed with the foreclosure, yes.

Were you further behind than just a month when your BK started ? While they CAN foreclose if you're 1 month late, its not very common.

The automatic stay is lifted once you have your discharge - they no longer need the court's permission. I suggest you call Wells Fargo ASAP and let them know you're going to get current.

 

[ricky_v3]

Thats what confused me and the lawyer. I was 1 month behind only. Is Wells Fargo easy to work with or will they attempt to foreclose without trying to solve the problem? I owe 107900 and the house is worth 115000.