Does my mortgage company have to send me an eviction notice after a Chapter 7 discharge? 5 Answers as of June 01, 2011

I filed for Chapter 7 Bankruptcy in CA and my mortgage has been discharged. How do I find out when my house goes up for auction? Will I get a notice from my mortgage company that my house is going to auction? Is there a website that tells a person when the property is scheduled for auction? That would at least let me know when the auction will be held. I have health issues and need to find help getting my belongings packed and ready to move. I do not have any funds to pay for movers.

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The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
Has the mortgage lender foreclosed on your property yet? They can't evict you until they foreclose, and you are definitely required to get notice for that. Once they foreclose, they have to initiate an unlawful detainer action against you in state court and you would receive notice of that as well.
Answer Applies to: California
Replied: 6/1/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
Before your mortgage company can evict you they have to establish ownership of the property. To do that they have to have a trustee's sale, and they have to give you 30 days notice of the trustee sale. Until they do that they do not have the right to evict you.
Answer Applies to: California
Replied: 6/1/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
After your bankruptcy discharge has been entered the lender can complete its foreclosure. You need to phone the lender to find out the trustee's sale date of the foreclosure. After the trustee's sale you will get an eviction notice if you have not already moved.
Answer Applies to: California
Replied: 6/1/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Just because you have a discharge.... it does not mean that your house will foreclose soon. Did you receive a Notice of Sale prior to filing bankruptcy? If so, they probably will foreclose soon and you will not get a second notice. If you did not have the notice of sale posted on your house before you filed bankruptcy, they have to do that before they sell it. The notice of sale gives you 20 days notice. Backing it up further..... they have give you a 90 day notice in a "Notice of Default" before the "Notice of Sale."
Answer Applies to: California
Replied: 6/1/2011
Law Office of Eric Ridley
Law Office of Eric Ridley | Eric Ridley
You may not receive notice of the auction, but you will receive notice of the subsequent eviction proceedings: notice of the proceedings, then notice of your final date to vacate the property.
Answer Applies to: California
Replied: 6/1/2011
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