Can I stay in my house during bankruptcy? 7 Answers as of March 08, 2011

I filed chapter 7 bankruptcy and included my house. The bankruptcy is already complete, but I still receive statements from my mortgage company like nothing has happpened, no past due amount listed, just showing my current payment amount. Obviously I'm not paying them, but how long can I expect to be able to stay in my house? Also, when they take possession, how much notice will I receive to get my things out?

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Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
These are normally questions of state law, you need to consult with the attorney that represented you in your bankruptcy.
Answer Applies to: South Dakota
Replied: 3/8/2011
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
It could take a couple of months regardless if you are in a judicial or non-judicial foreclosure state depending on where they were in the process prior to the bankruptcy. They basically pick up where they left off. They are required by law to give you notice of the foreclosure sale. Missouri requires 30 days notice of the default and 20 days notice of the foreclosure sale. Only the 20 day notice has to be repeated. After that, Missouri requires an eviction. This could be done in about a month or so. Be careful of having an eviction on your public case records if you are going to look for an apartment. Many landlords check the court records to see if potential tenants have been evicted and will not rent to them. In the mean time save up your first-last months rent, security deposits, etc.
Answer Applies to: Missouri
Replied: 3/8/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
I have no idea what state you are in. Every state has it's own foreclosure statutes. In California you get 90 days notice from the "Notice of Default". After that you get 20 days notice of the sale. After the sale you have to go because you don't own the house anymore. The bankruptcy slows down the process because they can't foreclose without the courts permission.
Answer Applies to: California
Replied: 3/8/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
You can stay in your house until they obtain an unlawful detainer judgment from state court to evict you. How long that takes depends on how aggressive they are and the laws of your state.
Answer Applies to: California
Replied: 3/8/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
First, if you are in California (I assume) the foreclosure process will take a minimum of 4 months from the first notice, and it is not unusual for it to take 6 months. You must receive a Notice of Default from the lender, which you have 90 days to cure. Then you must receive a Notice of Trustees Sale, which must be set at least 30 days after the notice.
Answer Applies to: California
Replied: 3/8/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You need to talk to your attorney. I can't give you advice if you have an attorney.
    Answer Applies to: Alabama
    Replied: 3/8/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    The bank has to foreclose and sell the house at a trustee's auction sale. Initially they serve you with a Notice of Default giving you 90 days to bring the payments current. After that they serve you with a Notice of Trustee's Sale giving you 21 day's notice to pay the entire balance of the mortgage. After the house is sold you will be given 3-days' notice to vacate. If you do not vacate you will be served with a summons issued by the Superior Court and a complaint. That case is called an unlawful detainer action and you will have 5 days to answer the complaint in writing using official forms and will have to pay a fee or get a waiver of the fee if you cannot afford to pay. If you don't answer timely the court will issued an order giving the new owner possession of the house. The Sheriff will then come over and post the order of possession and will set the date when you will be removed from the house and the door sealed. It is possible to negotiate for additional time and even cash when you are served with the 3-days' notice to quit the premises.
    Answer Applies to: California
    Replied: 3/7/2011
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