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New Mexico Default Order Granting Relief from Stay (Mobile Home)

State:
New Mexico
Control #:
NM-SKU-0049
Format:
Word
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Description

Default Order Granting Relief from Stay (Mobile Home)

The New Mexico Default Order Granting Relief from Stay (Mobile Home) is a document issued by the court granting the homeowner permission to move their mobile home from the lot it is currently occupying. This document is typically issued when a homeowner is facing foreclosure or other financial hardship and needs to move the mobile home to secure a better financial situation. There are two types of New Mexico Default Order Granting Relief from Stay (Mobile Home): voluntary and involuntary. Voluntary relief from stay is when the homeowner voluntarily agrees to move the mobile home, while involuntary relief from stay is when the court orders the homeowner to move the mobile home. In either case, the court will issue the New Mexico Default Order Granting Relief from Stay (Mobile Home) to provide the homeowner with the legal authority to move the mobile home.

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FAQ

Motion for Relief from the Automatic Stay is a request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay.

Automatic Stay -- Immediately after a bankruptcy case is filed, an injunction (called the "Automatic Stay") is generally imposed against certain creditors who want to start or continue taking action against a debtor or the debtor's property.

When relief from stay is granted, it does not remove the property from the bankruptcy estate or grant the creditor ownership of the property. It simply removes the stay and restores the parties to their state law rights. Creditors can then enforce those rights to the extent that the relief from stay order permits.

The Stay Has Been Lifted ? Now What? Once a creditor gets a court order lifting the automatic stay, they are allowed to move forward with foreclosure or repossession of the property that secures the debt. That said, the creditor still needs to follow state law for their collection or eviction proceedings.

A court may grant relief from an automatic stay "for cause, including the lack of adequate protection of an interest in property."1 That refers to circumstances in which the value of a property or secured collateral may decrease while the bankruptcy case is being resolved.

First, once a person files a bankruptcy petition, the automatic stay immediately stops the bank from foreclosing on, or repossessing, the debtor's real or personal property. Examples include the debtor's home or her car. The automatic stay doesn't allow the debtor to avoid mortgage or car payments.

More info

Default Order Granting Relief from Stay (Mobile Home) ; NM LF 362-2 ; Category: Recommended Forms ; PDF Form: PDF icon nmlf362-2. Download Default Order Granting Relief from Stay (Mobile Home) – New Mexico District Bankruptcy Court (New Mexico) form.A motion for relief from the automatic stay is a creditor's way of asking the court for permission to eg. Foreclose on a house or repossess a car. The lender files a lawsuit in court and asks the court to grant an order for repossession. If you default on your manufactured home loan, the lender might be able to take possession of it through repossession or foreclosure. Are Provider Relief funds accessible in whole or in part to bankruptcy creditors and other creditors in active litigation? 160, Landlord's remedies if tenant fails to remedy defective condition. Additionally, the opportunity to apply Provider Relief Fund payments (excluding the Nursing Home Infection. It forbids creditors from pursuing both formal and informal actions and remedies against the debtor and its property.

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New Mexico Default Order Granting Relief from Stay (Mobile Home)