Foreclosure Hamlet

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BK Judge DENIED the Bank's Motion for Relief from Automatic Stay based upon Not Real Party in Interest on 7-26-11!!!

The Motion for Relief from Automatic Stay that I have been opposing for some time now was finally DENIED as of July 26, 2011 based on the party who has brought the initial eviction action against me was not the "real party in interest"! The TRUST is supposed to bring the action, NOT the Trustee or Indenture Trustee nor any other party. For those in BK, this may help your case!

 

I would be more than happy to share the actual ruling, but do not presently know how to upload documents here. This ruling has been published and is available to be cited. I am sure the opposition is going to appeal, but it will not change the fact the judge said there were incurable defects that cannot be corrected.

 

If anyone is interested in reading this Ruling, it is public information now, and my case no. is 11-11495-B-7. If you are not able to go onto PACER to read it, let me know: mp3rmd729@gmail.com

 

I am by no means finished with this fight, but at least the threat of eviction has been evaporated! HOORAY!

 

~Millie~

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Comment by L on July 30, 2011 at 11:56pm
Comment by Millie on July 30, 2011 at 11:30pm
Thanks so much L, for posting the docs for others to see what this judge had to say! I have talked to several BK attorneys and they said this can be cited in other BK cases, but will only be helpful if that BK judge wants to recognize it, but is not "binding". "Optional" is better than nothing! I thought this judge was very honest and humble in that he recognized his mistake in granting a motion to a non-party. Very admirable if you ask me!
Comment by pa. j on July 29, 2011 at 8:17am
that is great news , please email me the docs on this site  thank you
Comment by BOOMIE COTTON on July 29, 2011 at 4:05am
Millie,
This is wonderful news!!! I am solo happy for u! Great job. Plz email me ur ruling when u get a chance. Thx! Bcotton7694@aol.com
Comment by L on July 28, 2011 at 11:59pm

WOW!  Excellent Millie!  Good news is so few and far between in this fight!  Thank you for sharing your progress.

 

Sleep well tonight!

Comment by gregory on July 28, 2011 at 10:35pm
fight fight fight take them to the mat for a 10 count!!!!!!!!!!!!!! Don't let them up....
Comment by wayoff on July 28, 2011 at 10:08pm
Hang in there Millie.  Praying for you.
Comment by Melani Schulte on July 28, 2011 at 9:32pm
Congratulations!!  Stay after them.
Comment by EB on July 28, 2011 at 6:50pm
good going Millie stay the course

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