Bankruptcy questions?
Find answers to your legal question.
Bankruptcy questions?
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Does anyone know how long your house will take to be foreclosed after you file bankrutcy? I filed in '03 and found out my home was not foreclosed til 2006, and is causing me not to be able to buy a new home. Just wandering if anyone knows so I know if I should file a lawsuit. Thank you!! Additional Details Does anyone know how long your house will take to be foreclosed after you file bankrutcy? I filed in '03 and found out my home was not foreclosed til 2006, and is causing me not to be able to buy a new home. Just wandering if anyone knows so I know if I should file a lawsuit. Thank you!!
I moved out within a month after I filed. My location is OHio. Discharged in Feb '04 and the home was on the discharge. I see no reason why that sat on it for 2 years.
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Donnie Mac
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Sure, sue someone, anyone. |
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donfletcheryh
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You might tell us what state you live in.
In Ontario bankruptcy does not necessarily lead to foreclosure, so, hear your answer would be whenever the lender files for foreclosure... typically 3 months with nothing paid, but nothing in law. |
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john c
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If lenders are telling you the foreclosure date is preventing you from being approved, a lawsuit is not necessary. What was their response when you told them your bankruptcy file implies a 2003 foreclosure date? If they didn't tell you to run home and get it so you can be approved today, that cannot possibly be the pivotal issue. It would seem more likely that either the foreclosure itself or the bankruptcy would be sufficient to delay your application.
Abeyance, especially with the endemic misunderstandings of bankruptcy collection activity, is not illegal; however it is very ill advised for the mortgage servicer. If you surrendered possession to them, then they would assume your liability of property maintenance (Covenant 15 of a standard FHA Deed of Trust).
If their lack of diligence creates a deficiency at sale, this outstanding balance should not be posted against you. Be sure to protect your documentation of this transfer. While there is little you can do regarding the foreclosure date, a deficiency can be sold and acted on at any time. Good Luck, |
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Curtis R
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IF YOU FILE A CHAPTER 7 they should not be able to screw with your credit write a letter to them or spend $200 and have a attorney write one. to clear up your credit.
if they didn't foreclose until 2006 was the house empty, did you live in it? was it rented? who got the income from the house? |
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