Legal Question in Real Estate Law in Utah

Motion of Termination of Automatic Stay

I filed BK Ch7 on Aug. 26 (as a last minute option to stop an auction on my home).

Wells Fargo has my loan (supposedly). My home went to Auction on Aug. 28 (WF said they canceled the sale, but the same day transferred 'Beneficial interest' to BofA. Now BofA sent a Notice of Hearing for Termination of Automatic Stay. What form do I need to file back my ''Response''?

The REAL problem is WF actually transferred 'beneficial interest' (ie: the deed) back in April (ironically the day it went into default and BofA is the one that filed it in default status) but never told me so I have been trying to work out payment plans, short sales, etc and acted as though they were still in that position to service my loan.

BofA was and WF was just acting as a debt collector. I have NEVER received ANY documentation from BofA.

I was working with WF on a Deed in Lieu when BofA (acting through a Title co) sent my home to auction. I received letters from WF as recently as Aug. 12 stating they had my loan and were trying to help my restructure it.

Please tell me what form I need to file with the court with my response on their ''MOTION OF BofA FOR TERMINATION OF AUTOMATIC STAY''.


Asked on 9/15/08, 4:08 pm

1 Answer from Attorneys
Mel Larew

Re: Motion of Termination of Automatic Stay

This is a Bankruptcy law question, not a real estate question.

You'll get a better answer by resubmitting this as such.

Good luck.

Read more
Answered on 9/15/08, 4:11 pm


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