This is the response I got from my attorney today: "Rob: Let me try to give this to you in chronological order with comments to clarify. 1. You evidently defaulted on your mortgage, and the mortgage company posted it foreclosure. 2. Foreclosure sale was held and FNMA either bought it at foreclosure or it was transfered to them by the mortgage company after it purchased at foreclsoure sale. 3. At this point you legally become a tenant of FNMA with no lease. The way FNMA gets you out of the house is to file an evictions suit. 4. An eviction suit is filed in JP court. JP court is the lowest level trial court in the texas state court system. It is the court that handles these types of suits. 5. Before your answer was due in JP court you came to me to see what if anyhing could be done. 6. I told you that technically filing a bankruptcy will at least temporarily stop the eviction process. In addition there was a chance, the probability of which we can only guess at, that FNMA would agree to allow you to pay them in a chapter 13 plan and behave as if there was no foreclosure. I have several cases where this has happend recently. You decided to give it a try. 7. We filed chapter 13 bankruptcy in bankruptcy court. I prepared a "suggestion of bankruptcy" for you to file on your own in JP court. I prepare these this way in all such cases so that I do not wind up being the attorney of record in the eviction action ( unless of course you want to hire me for that as well. I discourage that since my experience is defendants representing themselves get some extra consideration in JP court which is mainly designe for people to represent themselves anyway. By the way, Bankruptcy court is a spceialized trial level federal court, part of the federal court system. I illustrate the difference, the highest level state court is the Texas Supreme Court; the highest level fedeal court is the US Supreme Court) The 2 court systems do not generally intersect. 8. FNMA evidently did not agree to be paid in your chapter 13; they filed a motion to lift stay ( asking the bankruptcy court to allow them to proceed with eviction in JP court.) 9. I filed a formal response that insured no order would be entered before the hearing date of Feb 2 on this motion. This is to give you the maximum amount of time to pursue whatever other remedies/actions you want ( eg moving, suing in state court, preparing defense in JP court etc etc) 10 You and I have had a lively and regular dialogue here, on the telephone and in person about the fact that you have no real defenses to the bankrutpcy court motion to lift stay and you need to pursue other avenues on this. 11. We prepared the rest of the chapter 13 papers, and I held them awaiting word from you to file them if you wanted to proceed in ch 13 anyway. You never gave that green light so they were not filed. Therefore your case will likely be dismissed any day now. 12. I have no idea what is going on in the office of the JP. They do not work for me and I have no control or influence over them. I have no way to know what they did with your file or why. I do know this, until someone tells them you are not in bankruptcy or the stay is lifted, then they cannot proceed. It is the job of O'Boyle to get this information to them if he wants to proceed. If not or if he takes a long time, then you have that much longer. I can assure you no one is intentionally putting you "between" two courts. To the extent you are there then that just gives you more time. Ray Fisher" Does anyone have any suggestions as to how to get them to re-establish my mortgage? Are there any case, higher court motions setting precedance or someone else that has been thru this process and this is what they did. I mean if there is nothing that I can do, perhaps filing/seeking of an appeal if nothing other than to delay them and give me even more time to heck I guess move one box at a time to storage or something... I mean I can't just lay down and make their job easy--heck at least I can make them put in a few extra hours as I know I sure have.
