QUESTION

If HOA sold my home and I am on bankruptcy will this stop eviction?

Asked on Oct 30th, 2012 on Bankruptcy - Michigan
More details to this question:
HOA sold the certificate to the home for 11k. Owner is in modification, I just received a 24-hour notice but I am in bankruptcy and I am the tenant I’ve been in bankruptcy prior to the writ of possession, will this stop the eviction. I feel bad because the bank told her they were not notified, and took her money for modification, they been telling her for a month they were dealing with issue, but now I have to worry about me.
Report Abuse

5 ANSWERS

Dennis P. Mikko
The automatic stay of the bankrutpcy should stop any other action until such time as there is a relief from stay. Notice of the bankruptcy to the person taking action should be sufficient to enact the stay.
Answered on Nov 02nd, 2012 at 1:55 AM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
Update Your Profile
A bankruptcy can temporarily stop an eviction, but once a foreclosure sale has taken place, a bankruptcy cannot undo the foreclosure sale.
Answered on Nov 01st, 2012 at 10:46 PM

Report Abuse
Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
Update Your Profile
Question: If HOA sold my home and I am on bankruptcy will this stop eviction? Question Detail: HOA sold the certificate to the home for 11k. Owner is in modification, I just received a 24-hour notice but I am in bankruptcy and I am the tenant I've been in bankruptcy prior to the writ of possession, will this stop the eviction. I feel bad because the bank told her they were not notified, and took her money for modification, they been telling her for a month they were dealing with issue, but now I have to worry about me. *- If you are currently in bankruptcy, then you need to be sure that your lawyer notifies the bank AND the current owner to give you the protection of the automatic stay. The owner will have the right to file a motion with the bankruptcy court to have the automatic stay lifted to allow them to proceed with the eviction on which they will most likely be successful. But at least this can buy you a little more time. *
Answered on Nov 01st, 2012 at 9:59 PM

Report Abuse
Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
Update Your Profile
This question is too convoluted to answer. Try to be clear when asking questions. Who is the owner? Who is being evicted? Why didn't the bank get notice of the bankruptcy? etc.
Answered on Nov 01st, 2012 at 9:58 PM

Report Abuse
Leonard A. Kaanta
Probably not.
Answered on Nov 01st, 2012 at 9:50 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters