QUESTION
Will I be notified regarding foreclosure after discharge?
Asked on Mar 03rd, 2012 on Bankruptcy - Alabama
More details to this question:
I filed chapter 7 and was already discharged about a year ago but have not heard anything from my lender regarding foreclosure. How long can I stay and how will I be notified to leave?
10 ANSWERS
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Yes, you will. Filing the bankruptcy removes your obligation to pay on the loan (in most cases), but it does not remove your property rights as to the home. The lender must still foreclose in order to transfer title. Therefore you will be served when the foreclosure is filed. If you want to be certain of receiving future notices regarding the property, you will want to answer the complaint (a simple letter explaining to the judge that you want to be kept informed about the case and copied on all orders will do). Also be sure to keep the court informed of your current address.
Answered on Mar 19th, 2012 at 12:40 PM
You do not waive your foreclosure rights in bankruptcy. The mortgage lender still must go through the entire mortgage foreclosure and notification and eviction process- depends on how fast they are or how quick they want you out. Minimum would be approximately 8 months, often is much longer running even into several years.
Answered on Mar 12th, 2012 at 2:35 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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The time periods of a non-judicial foreclosure are set by California law. It takes about 110 days from start to finish of a trustee's sale. If you don't vacate after that you will be sued for an eviction.
Answered on Mar 12th, 2012 at 1:34 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You have to be served with a foreclosure complaint. You would be entitled to mail notice of a motion for summary judgment and then of a Final Judgment with a sale date. Sometimes banks take years to foreclose. You can also check with the clerk of court for the foreclosure file so you can monitor the proceedings.
Answered on Mar 08th, 2012 at 10:54 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes, you will be notified of the sale.
Answered on Mar 07th, 2012 at 2:27 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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The trustee under NC law must give you notice of the foreclosure hearing and sale as well as notice of eviction.
Answered on Mar 07th, 2012 at 12:38 PM
Glen Edward Ashman
It could be years or days. It's all up to the bank.
Answered on Mar 07th, 2012 at 10:54 AM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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At this point, it depends on the mortgage company. If you have a home owners association, keep those payments current since the Bankruptcy only discharges the home owners association dues up to the point that your case was filed. If you received a discharge of your debts in a Chapter 7, the mortgage company cannot collect post-petition mortgage debt. It is up to the mortgage company to foreclose and the process depends on what state you live in.
Answered on Mar 06th, 2012 at 5:08 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes. By posting to a conspicuous on your property a notice which appears in a legal newspaper for 4 weeks. A sale then occurs after which 6 months must expire. Then you can be evicted.
Answered on Mar 06th, 2012 at 5:05 PM
Domestic Relations Attorney serving Huntsville, AL
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Ferguson & Ferguson
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You can stay until the house has sold at the foreclosure sale. You will be notified of the sale date and time typically by certified mail. Once the house sells you will get another letter from either the mortgage company or the purchaser demanding that you vacate the premises.
Answered on Mar 06th, 2012 at 4:39 PM