Can I file for bankruptcy after my home goes into foreclosure? 25 Answers as of June 24, 2013

I thought I would be able to keep making my payments, but I started faltering a few months ago. The bank foreclosed on my home and I was forced to move out. Now I want to file for bankruptcy and want to keep my house exempt. Is this possible? Or is too late to get my house back?

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Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
It is too late.
Answer Applies to: Michigan
Replied: 6/24/2013
Heupel Law
Heupel Law | Kevin Heupel
You can still file bankruptcy, but it will not get your house back. You would have needed to file prior to the foreclosure to save it. However, you should consider bankruptcy to discharge the mortgage deficiency.
Answer Applies to: Colorado
Replied: 9/19/2011
Dan Wilson Bankruptcy
Dan Wilson Bankruptcy | Dan Wilson
If the foreclosure sale has taken place the home is no longer yours. A BK will discharge any deficiency between the sale price and the amount you owed, but you will not get the house back. If the foreclosure sale has not yet taken place a BK will delay the process, but the only way to keep the house is to get current, either with a lump sum if you file under Ch 7 or through a payment plan in a Ch 13.
Answer Applies to: Colorado
Replied: 9/12/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If the house has been sold at sheriff's sale, it's likely too late to redeem it, even with bankruptcy. Redemption periods differ from state to state, and in many states, there is no redemption whatsoever.
Answer Applies to: Indiana
Replied: 9/9/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Normally after the foreclosure sale its to late to save the home. Depending on how long ago it was you may give it a try.
Answer Applies to: California
Replied: 9/8/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    If it's chapter 7 even after you file for bankruptcy they can still go after you and foreclose your home. If you file for Chapter 13 you have to be able to cure and maintain in order to keep your home. Otherwise bankruptcy will only delay the foreclosure process, but at the end they can still take it away. Whenever a debt is classified as secured, the collateral will be gone if you stop making payments.
    Answer Applies to: Florida
    Replied: 9/8/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Yes.
    Answer Applies to: California
    Replied: 6/7/2013
    Braunstein Law, PC
    Braunstein Law, PC | Jacob Braunstein
    If the bank has already taken possession of the house via a foreclosure sale, filing bankruptcy will not allow you to regain possession of the house.
    Answer Applies to: Oregon
    Replied: 9/7/2011
    The Barger Law Firm
    The Barger Law Firm | Jason W. Barger
    I'm sorry to hear that your house is in foreclosure. Unfortunately, once the foreclosure has started, you cannot keep the house through bankruptcy. If the foreclosure has only been filed but not finalized, then the filing of a Chapter 13 can give you some time to make arrangements with the lender, but once the foreclosure has been finalized, bankruptcy will not help you get your house back. One issue, however, is if there is debt still owed to the lender after the foreclosure: you will still be liable for the difference in what you owed and what the lender sells the property for in a sale. The debt is unsecured debt, which means they will have to sue you in court for the amount they allege you owe. For this reason, you may want to consult with a bankruptcy attorney.
    Answer Applies to: Texas
    Replied: 9/7/2011
    Law Office of Andrew Harris
    Law Office of Andrew Harris | Andrew Harris
    You can file for bankruptcy after your home is foreclosed. However it sounds like the sale on your home has been finalized. At this point it doesn't sound feasible that you would be able to retain the house because if the foreclosure has been completed, it's no longer your home. Your best best is to talk to any attorney right away to find out if the foreclosure is finalized.
    Answer Applies to: Oregon
    Replied: 9/7/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    If they have already had the sale, then you are too late. If the sale has not taken place you may have time.
    Answer Applies to: Florida
    Replied: 9/7/2011
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    Yes, it is too late.
    Answer Applies to: Texas
    Replied: 6/7/2013
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    Applies to Colorado Bankruptcy using Colorado exemptions only: It is possible to keep your home if your file a chapter 13 bankruptcy prior to the foreclosure sale date and your chapter 13 plan properly provides for the curing of the default.
    Answer Applies to: Colorado
    Replied: 9/7/2011
    Benson Law Firm
    Benson Law Firm | David Benson
    It depends on what you mean by "forced to move out." You should speak with a qualified bankruptcy attorney immediately to explain your situation in greater detail.
    Answer Applies to: Ohio
    Replied: 9/7/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Yes.
    Answer Applies to: Maryland
    Replied: 6/7/2013
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Too late, you no longer own the house.
    Answer Applies to: California
    Replied: 9/7/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You waited too long. If your house was already foreclosed on in Georgia (you didn't say your state but my email says you posted on a Georgia bankruptcy site), you lost title. So you can get rid of any deficiency in bankruptcy, but the house is already lost.
    Answer Applies to: Georgia
    Replied: 9/7/2011
    Law Office of Robert Sisson | Robert Sisson
    Yes. Moving quickly at this point, however, is always beneficial...
    Answer Applies to: Wisconsin
    Replied: 9/7/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    The house is unfortunately gone. You may still file for bankruptcy, and may need to, but as I mentioned, the house is gone.
    Answer Applies to: California
    Replied: 9/7/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    After a foreclosure sale is completed you no longer own the home. You cannot claim the foreclosed home exempt in a bankruptcy.
    Answer Applies to: California
    Replied: 9/7/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Depending on the state where you live, the foreclosure removes you from ownership, so there is nothing to protect. Only if there was a judicial foreclosure (a lawsuit was filed to foreclose) AND you have a right to redemption would there by any possibility to get back title, but that would require paying the redemption amount.
    Answer Applies to: California
    Replied: 9/7/2011
    G. Anthony Yuthas & Assoc.
    G. Anthony Yuthas & Assoc. | Tony Yuthas
    Its too late to get it back through the bankruptcy process. Once sold, the court can do nothing to protect your ownership.
    Answer Applies to: Colorado
    Replied: 9/7/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If they foreclosed it is too late to get the house back.
    Answer Applies to: California
    Replied: 9/7/2011
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