QUESTION
Does bank have to follow foreclosure laws or can they just evict?
Asked on Dec 07th, 2012 on Foreclosures - Florida
More details to this question:
After filing chapter 7 and not re-signing on mortgage we have continued to stay in the home and make the payments.
5 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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The foreclosure laws are unique to each state. The bankruptcy only discharged your obligations to pay the debts. If you do not want to keep the house then the lender will eventually foreclose.
Answered on Dec 13th, 2012 at 2:22 PM
The bank first has to foreclose; it can't evict anyone until after the foreclosure sale occurs (assuming that someone else doesn't buy the property at the foreclosure auction).
Answered on Dec 12th, 2012 at 2:12 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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After a Chapter 7 the homeowner just needs to keep up payments. The mortgage company would have to use the NC foreclosure process to take the home which requires evidence of a default in payments.
Answered on Dec 12th, 2012 at 2:12 PM
Civil Litigation Attorney serving Federal Way, WA
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Stasch Law LLC
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The bank cannot evict until a Trustee Sale has been held. If the sale hasn't been held, then you are entitled to all the notices required by the statute.
Answered on Dec 12th, 2012 at 12:23 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The bank cannot just evict. It must file a mortgage foreclosure action against you.
Answered on Dec 12th, 2012 at 12:21 PM