The Space Coast Beach Blog

Can Filing Chapter 7 After Foreclosure Stop Eviction?

Wanted to re-blog this one Because I have heard so much miss-information on the subject. This is a very well done post and give you the info you might need if you are in this position. Thanks Gold Team

Can Filing Chapter 7 After Foreclosure Stop Eviction?

Copyright (c) Deanna & Jim's GOLD Team, RE/MAX Olympic Realty

 

     You have been worrying about those certified letters from the bank, and their foreclosure attorney for some time now.  First there was one saying notifying you of "Default."  Then there was a "Notice of Trustee Sale."  And now you were notified that the trustee sale completed.

     Now some pesky real estate agent has come to your door to cheerfully explain that "The bank now owns your house, and you need to be planning to move!"

    Well moving isn't what you have in mind!  Instead you think that maybe you can just put a stop to this process by having a bankruptcy attorney file Chapter 7 or 13 for you.

    The Good News is that filing bankruptcy will establish a federal stay holding off all your creditors for the moment, including the bank which now owns your house.

     The Bad News is that the bank will immediately petition the court to lift the stay preventing eviction from the house in which you are now a Tenant at Sufferance of the bank.  The court will generally issue the relief from the stay requested. The bank will then file a local suit for a Writ of Unlawful Detainer (eviction), and the local court will issue that order.

     Then the bank will take the eviction order to the local sheriff, the assigned deputy will schedule your eviction, the deputy will post a notice on your door informing you when he/she is coming.

     Knock, knock, knock. Oh, it's a man with a uniform, a badge and a gun! They politely ask you to please have all the people inside step outside. Whoa, a locksmith steps up and changes the locks, a moving crew hauls all your personal property onto the front yard, "No Tresspassing" signs are posted and the deputy explains that whatever isn't taken away in 24 hours will be taken to the dump.

   You have been evicted.  Don't think that your bankruptcy lawyer will let you move in with him!

   Filing bankruptcy after foreclosure WILL delay but WILL NOT PREVENT eviction!

(Deanna & Jim's GOLD TEAM are not attorneys. You should seek legal advice for your personal circumstances. We have participated in evictions involving bankruptcy filings after foreclosure occurred. We have MBA, MSE, CDPE and Associate Broker credentials.)

 

Jeffrey DiMuria

Waves Realty
Broker/Owner
2018 Melbourne Ct, suite 206
Melbourne, FL 32901

Phone: 321.223.6253         

e-mail:  Jeff@WavesRealtyFL.com 

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