How long can I stay in my house after bankruptcy? 23 Answers as of June 24, 2013

How long can you stay in your house after bankruptcy?

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
It depends on how motivated the bank is in moving along the foreclosure. Many people are living in their homes for over a year without payment.
Answer Applies to: Indiana
Replied: 9/30/2011
The Salas Firm
The Salas Firm | Ron Salas
If you are current on the payments forever, if you are not the answer varies depending on your situation from between 90 days to a couple of years.
Answer Applies to: Colorado
Replied: 9/27/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
Depends upon how fast the mortgage company acts to lift the stay and foreclose.
Answer Applies to: Georgia
Replied: 6/24/2013
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
If you are not making payments on your home the amount of time you can stay in it will depend on what stage of foreclosure your home is in. This is the same whether you filed Bk or not. The filing of BK will slow the process down but ultimately the bank must still go through the foreclosure process. This process begins with the recording and serving you, usually by certified mail and regular mail, a document call "Notice of Default". After this a 90 day period must expire and you will receive another documents call "Notice of Trustee's Sale". This doc will have an actual date where your home will be sold on your local courthouse steps. It has to be at least 21 days notice though it usually is more. Even after this date the new owner or the bank must treat you as a tenant. They cannot just come and tell you to leave. Usually they will contact you and try to work something out as to when you will leave the home.
Answer Applies to: California
Replied: 9/23/2011
Heupel Law
Heupel Law | Kevin Heupel
You have at least 60 days after filing bankruptcy to stay in your home. After that it depends on whether your home was in foreclosure prior to filing bankruptcy. If not, then you will get four months notice of any sale date from your county trustee. If the home was in foreclosure prior to filing bankruptcy, then it vary as to when the foreclosure will resume.
Answer Applies to: Colorado
Replied: 9/23/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Filing bankruptcy does not mean you have to move out of your house.
    Answer Applies to: California
    Replied: 9/23/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    Colorado foreclosure after bankruptcy (assuming you are in default on your 1st mortgage obligation) is the first step the mortgage company must take before they can evict you from your home. If no foreclosure is pending you may remain in your home indefinitely. Once the foreclosure starts pay attention to the sale date, it is usually a good idea to vacate the premises before that date. If you stay beyond the sale date, the new owner of the property will probably evict you. Sometimes you are offered "cash for keys" of up to $2000 to vacate.
    Answer Applies to: Colorado
    Replied: 9/23/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    I am assuming the bank has, or is in the process of foreclosure. You can stay until after the foreclosure and then until whoever buys the house in foreclosure contacts you to vacate.
    Answer Applies to: California
    Replied: 9/23/2011
    The Law Offices of Katie M. Stone
    The Law Offices of Katie M. Stone | Katie M. Stone
    In Florida, your house will still have to go through a foreclosure before you have to actually vacate your house. The bankruptcy will discharge your legal obligation to pay your mortgage; however, the house will still need to go through a foreclosure in order for the bank to take back the title to the house. You can stay there until the house sells in a foreclosure sale. If you are renting, you can stay there until you are evicted. I hope you found this answer useful.
    Answer Applies to: Florida
    Replied: 9/23/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    You can stay until the foreclosure sale takes place.
    Answer Applies to: Colorado
    Replied: 6/21/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    It depends if you are in foreclosure or not; if you are surrendering the house or not; if the bank files a motion for relief from stay during the bankruptcy or not. There are more questions required to give you a more precise answer. But in general, the bankruptcy will stop any state foreclosure actions from proceeding until the bankruptcy is discharged so you may land up staying in your house for months and I have seen well over a year as well. However, you should speak to a local attorney that can assess your specific situation.
    Answer Applies to: New York
    Replied: 9/23/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    Until the foreclosure is complete.
    Answer Applies to: Colorado
    Replied: 9/23/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Maybe not at all. Maybe a minute. Maybe years. Maybe a lifetime. It depends on what was filed, your numbers, and what happens in your case. With a house at stake, make sure you do not file pro se, so you can maximize your legal protections.
    Answer Applies to: Georgia
    Replied: 9/23/2011
    Law Office of Robert Sisson | Robert Sisson
    Until.the bank or lending institution wants u out.
    Answer Applies to: Wisconsin
    Replied: 9/23/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    It varies, it can be a few months up to over a year.
    Answer Applies to: Washington
    Replied: 9/23/2011
    David M. Siegel & Associates
    David M. Siegel & Associates | David M. Siegel
    The amount of time that you can stay in your home after bankruptcy is dependent upon where the foreclosure process at the time of filing. Your mortgage company will likely ask for permission to proceed with a foreclosure case. If you were up against a sheriff's sale date at the time of filing, your time may be running short.
    Answer Applies to: Illinois
    Replied: 9/23/2011
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    If you are surrendering the home at least until the meeting of the creditors. At some point the lender will request to have the automatic stay lifted. At that time they will foreclose and you may be able to make some arrangements with them to stay and renting until they sell it.
    Answer Applies to: Utah
    Replied: 9/23/2011
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