Can I still live in my foreclosure home if I file for bankruptcy? 32 Answers as of June 15, 2012

I am currently still living in my foreclosure home, if I file for bankruptcy would I have to move out even thou I’m not forced to leave by the bank or sheriff’s office as yet?

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Law Offices of James Wingfield
Law Offices of James Wingfield | James Wingfield
No, you are not required to leave until a court (usually the Housing Court or in some parts of Massachusetts the District Court) issues an eviction notice. If the foreclosure took place before the bankruptcy case was filed, the Bank will need to either move the Bankruptcy Court for Relief from the Automatic Stay or wait until your case is complete before trying to evict you.
Answer Applies to: Massachusetts
Replied: 6/15/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes, you do not have to leave until the sheriff's sale.
Answer Applies to: Indiana
Replied: 6/15/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Th bank will file a "motion for relief from the automatic stay." When that motion is granted the new owner will resume evicting you. You don't want an eviction proceeding on your record. THAT will make it hard to rent in the future.
Answer Applies to: California
Replied: 6/15/2012
G. Anthony Yuthas & Assoc.
G. Anthony Yuthas & Assoc. | Tony Yuthas
Bankruptcy will not effect this problem.
Answer Applies to: Colorado
Replied: 6/15/2012
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
It depends on several things: the state where you live, the status of the foreclosure, the requirements of the new owner of the property. Bankruptcy might buy you some time, but without more information it is impossible for me to give you any advice. Please understand that bankruptcy is a very complicated process. You should only use it when there is a real need. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answer Applies to: Arizona
Replied: 6/15/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, if there is no equity than the trustee will have no interest in seizing the home for liquidation, so you can stay in your home until after your bankruptcy and after the foreclosure is completed in state court.
    Answer Applies to: New York
    Replied: 6/15/2012
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    No, you can stay until they evict you, normally at the end of the redemption period.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Alvin Lundgren | Alvin Lundgren
    You may stay in your home until evicted.
    Answer Applies to: Utah
    Replied: 6/14/2012
    Law Offices of Diann C. Moseley | Diann Moseley
    If the property has already been foreclosed, then you filing bankruptcy will not affect when the mortgage company exercise its rights to evict you from the foreclosed property. If the property has already been foreclosed, then the company owns the property and the property is not part of your bankrupt estate.
    Answer Applies to: District of Columbia
    Replied: 6/13/2012
    Attorney At Law | Harry D. Roth
    You can file for bankruptcy and have essentially no impact on your rights through the foreclosure process.
    Answer Applies to: California
    Replied: 6/13/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    The bankruptcy itself will not force you out. Sooner or later the mortgage company will foreclose and evict you but, if anything, bankruptcy will delay rather than speed up that process.
    Answer Applies to: Arkansas
    Replied: 6/13/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You could stay until you are evicted. If you file for bankruptcy, it can delay the eviction but it does not stop it. The owner can seek court permission to continue with the eviction.
    Answer Applies to: California
    Replied: 6/13/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Most likely your right to live in the foreclosed home is dependent upon state law and not bankruptcy law.
    Answer Applies to: Michigan
    Replied: 6/13/2012
    Stuart Jon Bierman  Attorney at Law
    Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
    Usually, and in general, you can still live in the home after you file for bankruptcy. Usually, and in general, the bankruptcy process will not shorten the amount of time that you can live there and you can stay there until the foreclosure process reaches the stages of a sheriff's sale and then an eviction of the former owner or occupant.
    Answer Applies to: New Jersey
    Replied: 6/13/2012
    Steven Alpers | Steven Alpers
    You will be able to live in your home if it is not sold, you may be able to work out a payment plan to bring it up to date if it is a chapter 13. If it is either a 7 or 13 you should not be physically removed until the purchaser at the foreclosure sale requests permission to proceed.
    Answer Applies to: California
    Replied: 6/13/2012
    Debt Relief Legal Clinic | Daniel J. Wiedecker
    *Common advice is to stay in your property (or keep it occupied) and maintain insurance up until a 'change of ownership' event actually happens (actual foreclosure auction, or court judgment, depending on what state the property is located). This way you maintain control over the property until it eventually leaves your name. As well, the bankruptcy code requires the 'owner' of real estate that incurs ongoing homeowner associate dues (HOA) remain liable for those dues after filing a bankruptcy case, even if the eventual plan is to surrender the property. These 'ongoing assessments' are considered 'post-petition' debt, and not dischargeable in a bankruptcy case.* * * *The new owner (bank, investor, or individual) will provide notice for the occupier to pay or quit, or kindly send a request you leave, at which point you should then arrange for new accommodations. It is important you seek competent counsel in your jurisdiction to determine your qualifications and rights under Title 11 of the United States Code. *
    Answer Applies to: California
    Replied: 6/13/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Filing bankruptcy should not have any effect, but you should see an attorney to disclose all of your information and get a reliable and firm opinion.
    Answer Applies to: Michigan
    Replied: 6/13/2012
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    Yes, you can still live in a foreclosed home after you file a bankruptcy. The bankruptcy will actually extend the time that it takes to finish the foreclosure. Good luck.
    Answer Applies to: Ohio
    Replied: 6/13/2012
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Typically for several months.
    Answer Applies to: California
    Replied: 6/13/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes and no, respectively to the questions asked. If you want to stay in the home you may be able to stay longer by filing bankruptcy but that is never a valid reason for filing.
    Answer Applies to: Florida
    Replied: 6/13/2012
    Law Office of Louis S. Haskell
    Law Office of Louis S. Haskell | Louis Haskell
    The bankruptcy will not impact whether or not you may continue to live in a house upon which the bank has already foreclosed. The burden is on the bank to evict you from the house. The Trustee in Bankruptcy is looking for things to take from you and sell to give money to the creditors who otherwise will not be paid. No one is trying to punish you. Since throwing you out of the house does not benefit the unsecured creditors in any way, the Bankruptcy Court will not be involved in the process.
    Answer Applies to: Massachusetts
    Replied: 6/13/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    You can probably stay. Sometimes banks would rather have someone in the home than to leave it vacant. They will probably let you know if there is a foreclosure sale, but there are notices of the sales in newspaper, so keep looking in the paper to see if your home is listed. It may take a year or more!
    Answer Applies to: Rhode Island
    Replied: 6/13/2012
    James T. Dunn PC | James T. Dunn
    Until there is a court order removing you from the house you can.
    Answer Applies to: Utah
    Replied: 6/13/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Many homeowners continue to live in their homes while their bankruptcy case is pending until the bank evicts them.
    Answer Applies to: Texas
    Replied: 6/13/2012
    J.R. Durant & Associates, PC | James R. Durant
    I am not a bankruptcy attorney. However you can stay in possession of the property until you receive a notice of Summary Proceedings in District court to have you removed from the property.
    Answer Applies to: Michigan
    Replied: 6/13/2012
    Poole & Poole, P.A. | Wesley R. Poole
    Yes. I am currently still living in my foreclosure home, if I file for bankruptcy would I have to move out even thou I'm not forced to leave by the bank or sheriff's office as yet? Not likely.
    Answer Applies to: Florida
    Replied: 6/13/2012
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    Depends. If the foreclosure has not yet been completed, that would have to occur first-though Bank would have to get BK court permission to complete the foreclosure. If foreclosure has been completed, Bank would first have to get BK court permission to complete the eviction-though in some cases, if writ of possession has already issued in the eviction action (before the BK was filed), some sheriff's department will still proceed with the lockout in spite of the BK filing.
    Answer Applies to: California
    Replied: 6/13/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    No you don't have to leave until they make you.
    Answer Applies to: Florida
    Replied: 6/13/2012
    Bruce Plesser | Bruce Plesser
    You are the victim of predatory lending.
    Answer Applies to: Florida
    Replied: 6/13/2012
    Debt Relief Law Center | Roger J. Bus
    When you file for Chapter 7, a "Stay" goes into effect until your case is Discharged. If the mortgage company wishes to evict you, a "Motion for Relief from Stay" is filed before the Discharge is entered. After that is granted, then the mortgage company can continue with the normal foreclosure action and subsequent eviction.
    Answer Applies to: Michigan
    Replied: 6/13/2012
    Wajda Law Group, APC
    Wajda Law Group, APC | Nicholas M. Wajda
    The bankruptcy will not have a negative impact on the length of time which you can remain in the home. In fact, the bankruptcy will more than likely increase the overall amount of time you would be able to stay in the home as the foreclosure process is put on hold during the period of the automatic stay.
    Answer Applies to: Nevada
    Replied: 6/13/2012
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    No. You still have legal title until it officially forecloses (at which point you would have to leave anyway).
    Answer Applies to: Wisconsin
    Replied: 6/13/2012
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