Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Mercado & Hartung, PLLC | Christopher J. Mercado
you need to ask for permission before transferring assets.
Answer Applies to: Washington
Replied: 8/25/2011
The Law Office of Mark J. Markus | Mark Markus
That depends on whether they got permission from the bankruptcy court to foreclose. If they did not file a motion for relief from stay and have it granted by the court, then their foreclosure sale violated the automatic stay of 11 U.S.C. 362, and not only is the sale void, but you can recover damages for having to undo the sale. It is very important that you "undo" the sale immediately before it gets transferred to a 3rd party (a bona fide purchaser for value). One thing you should do immediately is record a certified copy of your bankruptcy petition with the county recorder's office where the property is located.
Answer Applies to: California
Replied: 7/18/2011
Tucker Legal Clinic | Samuel Tucker
If the foreclosure sale occurred after you filed the sale is void.
Answer Applies to: Mississippi
Replied: 7/18/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Filing a bankruptcy creates an automatic stay preventing continuation of legal proceedings or foreclosure. The creditor must first obtain relief from stay in order to pursue its rights.
Answer Applies to: California
Replied: 7/18/2011
Ursula G. Barrios Law | Guillermo Machado
If bank got their relief from the stay issued by the court, then it's perfectly legal. Thank you,
Answer Applies to: California
Replied: 7/18/2011
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Assuming the the sale did not take place prior to you filing, the automatic stay should nullify the sale. See your attorney at once!
Answer Applies to: Michigan
Replied: 7/18/2011
Law Office of Jackie Robert Geller | Jackie Robert Geller
The bank was required to obtain "relief from stay" in order to sell the house after the case was filed. Talk to your attorney right away.
Answer Applies to: California
Replied: 7/18/2011
Guardian Law Group PLLC | C. David Hester
If you filed before the foreclosure was complete and the home sold then no, the filing of a bankruptcy puts an automatic stay on all collection activities and the court can grant sanctionsagainst any creditors that violates the stay. The creditor can then file a motion with the bankrutpcy court to lift the stay and if you do not respond or even if you respond and the court feels that the creditor should have it lifted they can lift it. But if you recently filed and the creditor proceeded without leave of the auto stay they will need to rescind the sale or face sanctions.
Answer Applies to: Utah
Replied: 7/18/2011
Ray Fisher Law Offices | Ray Fisher
Talk to your bankruptcy lawyer about this. Generally a mortgagee cannot foreclose after bankruptcy unless it has court permission.
Answer Applies to: Texas
Replied: 7/18/2011
Harkess and Salter, LLC | Stephen Harkess
If you owned the house when you filed for bankruptcy, the bank cannot sell the house during the bankruptcy until they ask the court for relief from stay. They need the judge's permission to sell the property.
Answer Applies to: Colorado
Replied: 7/18/2011
Ashman Law Office | Glen Edward Ashman
The fact you are asking this tells me that you have made a catastrophic mistake and do not have a lawyer. The answer depends on whether you filed a 13 before (and also on whether the bank asked to have the stay lifted). If the answer is no, the sale, absent an order of the bankruptcy court, is void. If you had used a lawyer, the lawyer would have contacted the lender's attorneys and avoided this. Obviously you failed to do that. You will now want to get a lawyer and have the lawyer undo the sale. If you have done prior 13s in the past year, you may have had no automatic stay, unless you filed a motion to impose or extend it. If you made that blunder, it cannot be fixed and you cost yourself a home by filing pro se.
Answer Applies to: Georgia
Replied: 7/18/2011
Carballo Law Offices | Tony E. Carballo
The sale is void if in the western states including California if the bank did not obtain permission from the bankruptcy court. You need to notify the bank and foreclosure trustee urgently about the bankruptcy. You should have an attorney if you are in a Chapter 13 case so consult with your attorney and find out why the bank was not notified of your bankruptcy before the sale. You had an obligation to let the foreclosure trustee know about the automatic stay in effect when you filed for bankruptcy relief.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Maureen O' Malley | Maureen O'Malley
LAWQA: Please send this to someone with more experience with ch. 13 processes.
Answer Applies to: Virginia
Replied: 7/18/2011
Financial Relief Law Center | Mark Alonso
If you were making timely payments into the bankruptcy plan, and that plan included your mortgage arrearages and you continued to otherwise be current while you're paying off your past due mortgage payments, then they should not have sold the property. You should consult your ch. 13 bankruptcy attorney or if you haven't retained one, consider a consultation to review what happened and if you can salvage anything at this point.
Answer Applies to: California
Replied: 7/18/2011
Apple Law Firm PLLC | David Goldman
Yes as long as you have the right to sell the home and pay the debt on it
Answer Applies to: Florida
Replied: 7/16/2011
Jackson White, PC | Spencer Hale
If the bank got permission from the court to sale the house then it is legal. If the bank did not get permission from the court then it violated the automatic stay. You should speak with your attorney. If you do not have an attorney, then get an attorney to help you determine your rights and keep them protected. If the bank sold the house illegally, then I would sue them within the bankruptcy.
Answer Applies to: Arizona
Replied: 7/16/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If the bank did not have relief from stay, the sale is void.
Answer Applies to: California
Replied: 7/16/2011
The Schreiber Law Firm | Jeffrey D. Schreiber
There is insufficient information to fully answer. If you did not make the payments and the lender was given relief from the automatic stay, the answer is yes.
Answer Applies to: California
Replied: 7/16/2011
