Your question defies a reasonable interpretation. Do you have an attorney? If so, ask your attorney. What do you mean by: "the lender has called a hearing?" Do you mean the lender scheduled a hearing? On what motion (what does the motion ask for)? In what court, the bankruptcy court or circuit court? But to answer your question as best I can - BANKS DON'T DO MUCH OF ANYTHING NORMAL ANYMORE. It's possible that they want to forgive some of the indebtedness and possibly do so in a way that they can take credit for it under a settlement with the government, although you have every intention of discharging it anyway. Is it Bank of America?
The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate, personal property, and bankruptcy issues. Find out more about me at: FloridaPropertyLitigation.com.
There is no way to answer your question without knowing more information. If you have an attorney representing you, you need to ask your attorney. If you do not have an attorney, you need to consider hiring one. While filing bankurptcy without an attorney may save you a little bit of money, not knowing what you are doing will cost you much more in the end.
Yes a motion for relief from stay is a commonly filed motion with the courts.
The information provided in this post is not "legal advice." Rather it is general information on common legal issues. If you have questions concerning your specific situation, it is always best to consult an attorney in your area.
You need to have an attorney (or your current attorney handle this). If you sign a deed in Lieu and the terms (language) do not clearly lay out that you are surrendering the property and transfering all liability attahced to the house, you could be reaffirming debt that you do not need to be taking on.
The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile, Duluth, Alpharetta, Buckhead The above answer is for general information purposes and is offered as a service to the public. Nothing on this or associated pages, documents, comments, answers, reviews or other communications, including the above post, should be taken as legal advice for any individual case or situation or relied upon as a substitute for engaging legal counsel, nor does it constitute advertising or a solicitation. Viewing the general information here, including your receipt or transmission of information hereof does not alone create or constitute an attorney-client relationship or ensure confidentiality. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.