QUESTION
How long does it take to stop a foreclosure process?
Asked on Feb 01st, 2013 on Bankruptcy - Utah
More details to this question:
I filed for Chapter 13 Bankruptcy and want to stop a foreclosure process.
13 ANSWERS
William Rhymer
If you have an attorney that filed the Chapter 13 for you then you need to ask him or her. If you filed it yourself you need to make sure the mortgage company has notice of it. Once you prove to the mortgage company you filed they will stop it automatically unless you filed the case after the sale. If you filed the case after the foreclosure sale, the Chapter 13 will not help you keep the house.
Answered on Mar 06th, 2013 at 11:29 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Once you file all suits should be stayed but if you don't have a plan to pay arrears they will most likely file motion for relief of stay.
Answered on Mar 06th, 2013 at 1:32 AM
Filing a Chapter 13 immediately stops a foreclosure because of the "automatic stay" provision of bankruptcy law. However, unless your Chapter 13 proposes to catch up on the delinquent mortgage payments AND you resume making the ongoing mortgage payments, the mortgage company can apply to lift the automatic stay and resume the foreclosure from the very point that filing the Chapter 13 stopped the foreclosure. Most Chapter 13 cases where the Debtor isn't represented by an attorney fail, so hire the best Chapter 13 attorney you can find in your community.
Answered on Mar 06th, 2013 at 12:38 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Chapter 13 immediately stops foreclosures.
Answered on Mar 06th, 2013 at 12:17 AM
When you file a bankruptcy it provides with an automatic stay on all collection procedures against you. I would notify the lender that you have filed bankruptcy and then request a fax number to fax the notice of bankruptcy. This step should stop all collection procedures against you including but not limited to foreclosure proceedings.
Answered on Mar 06th, 2013 at 12:17 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Once you filed the bk, based on what is written, it should stop the foreclosure immediately, provided that your counsel has advised them and the court of the filing.
Answered on Mar 06th, 2013 at 12:16 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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It stopped as a matter of law the day you filed if you filed for the 1st time.
Answered on Mar 06th, 2013 at 12:12 AM
Deborah F. Bowinski
If you filed chapter 13 with an attorney you should direct this question to him or her. If you filed a chapter 13 without an attorney you should retain one as quickly as possible. The filing of the bankruptcy case should have stopped the foreclosure, at least temporarily.
Answered on Mar 06th, 2013 at 12:07 AM
2 Awards
Upon filing the bk the foreclosure will stop immediately. However, there is a time period within which you will need to gather information in order to file the bk. I recommend giving the attorney at least 2 weeks to prepare the petition. You also need to take an online hour long credit counseling course in advance of the filing.
Answered on Mar 05th, 2013 at 11:54 PM
The foreclosure process should have stopped immediately upon your filing bankruptcy. Make sure that your lender has been given notice of the bankruptcy filing.
Answered on Mar 05th, 2013 at 11:52 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Your chapter 13 attorney should be able to help. The filing of the bankruptcy stopped the foreclosure, but it is not stopped permanently.
Answered on Mar 05th, 2013 at 11:47 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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The bankruptcy filing should have stopped the foreclosure. Make sure that the foreclosing trustee has been notified of the bankruptcy. You should be aware that the foreclosure sale date will be rolled forward as long as the bankruptcy stay is in effect. So, while you have "stopped" the foreclosure sale, if the stay is lifted, either by a request of the creditor to do so, or the dismissal of the case, the foreclosure sale will most likely go forward.
Answered on Mar 05th, 2013 at 11:46 PM
Bankruptcy Law Attorney serving Ogden, UT
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Richards & Godfrey, P.C.
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The foreclosure process stops as soon as your bankruptcy is filed with the bankruptcy court. What happens next depends on whether you filed a chapter 7 or a chapter 13. You can provide for payment of the delinquent amount in a chapter 13 and save your home from foreclosure if you make your ongoing mortgage payment and your bankruptcy payment.
Answered on Mar 05th, 2013 at 11:44 PM