Supporting, Informing & Connecting People in Foreclosure
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: firstname.lastname@example.org
I am by no means finished with this fight, but at least the threat of eviction has been evaporated! HOORAY!