my mortgage holder filed a SECURED CREDITOR’S MOTION FOR RELIEF FROM AUTOMATIC STAY – what can I file in return?

I filled bankruptcy to forestall the foreclosure sale of my home. The mortgage holder has filled a SECURED CREDITOR’S MOTION FOR RELIEF FROM AUTOMATIC STAY. It says I have 15 days to file a written response. Is there anything I can file? Would it be appropriate to ask for more time? I am a single parent with two children. I was very ill for an extended period and have not been able to find employment. Thank you for your kind assistance.

Asked on July 2, 2009 under Bankruptcy Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you don't have some other plan in the works to pay the mortgage, if you can't make the current payments, I doubt that there is anything you could say that would make a difference.  However, I don't know all of the facts of your case, and a detailed consulation with a bankruptcy lawyer might turn up something that could help you.

If you don't answer, at some point after your time runs out, the court will enter the order taking the stay off the foreclosure.  Once the mortgage holder gets that order, they will have the sale re-listed, which in many states means a new notice-and-advertising procedure which often has to start at least 30 days before the actual sale.  So you could expect the sale to take place in about two months, at worst a week or so less, if those are the time periods in your state.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you don't have some other plan in the works to pay the mortgage, if you can't make the current payments, I doubt that there is anything you could say that would make a difference.  However, I don't know all of the facts of your case, and a detailed consulation with a bankruptcy lawyer might turn up something that could help you.

If you don't answer, at some point after your time runs out, the court will enter the order taking the stay off the foreclosure.  Once the mortgage holder gets that order, they will have the sale re-listed, which in many states means a new notice-and-advertising procedure which often has to start at least 30 days before the actual sale.  So you could expect the sale to take place in about two months, at worst a week or so less, if those are the time periods in your state.


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