Motion for relief from automatic stay filed by mortgage lender...WHAT ARGUMENTS ARE AVAILABLE TO DEFEAT THIS MOTION?

Asked almost 4 years ago - Los Angeles, CA

Just wondering if there are any approaches that could help. I really would like to have extra time in the house.

Attorney answers (3)

  1. Maureen Andrea Enmark

    Contributor Level 11

    Answered . Defeating such a motion depends on your particular circumstances. There are a number of possible scenarios where it is possible for you to win. (The most obvious is if you have actually made your mortgage payments.)

    However, if all you want is more time in the house, you may be able to negotiate with the lender and reach an agreement that provides you with the time you need. If you have a lawyer, they should be able to do this for you.

    Remember that losing a motion for relief does not mean you have to move out the next day. The lender will still need to complete the regular California foreclosure process.

    This response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response is based on the limited facts provided. Given additional or different facts, the response would change. Attorney is licensed to practice law in the State of California. Responses are based solely on California law unless stated otherwise.

  2. Kendall David Coffman

    Pro

    Contributor Level 11

    Answered . I don't think it's practical or realistic for any attorney here to just post a list of possible, hypothetical arguments to defeat a motion for relief from the automatic stay. The available arguments that might help you depend on the issues raised in the motion, and also on your particular circumstances.

    If you're not represented by counsel, then go to www.nacba.org.

    That's the website for the National Association of Consumer Bankruptcy Attorneys. You can use that website to find a local attorney who may be willing to review the motion for relief from stay, and then give you some advice.

  3. Shalem Shem-Tov

    Contributor Level 11

    Answered . There may be many arguments you can make, but it really depends on your circumstances and on what the motion is based upon. Also, if you filed a Chapter 7 and indicated that you are surrendering the house, you may not have any argument at all. You should speak with an attorney.

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