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another pre-bk foreclosure question

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    another pre-bk foreclosure question

    Hello all
    I was wondering.. if my house is in the foreclosure process in NY state , which I know is a long process state, and I have already moved out of the house and the foreclosure sale hasn't happened by the time I file ch 7 bk, can I still include all of the debt involved (any deficiency amount, back property taxes etc) to have them wiped out in the chap 7 even though foreclosure has started before I could file and 'surrender'? What would happen if the foreclosure sale/tax sale occured BEFORE I filed (which I don't think will happen that fast..but, who knows)? I just want to try and have my ducks in a row for when I file the end of next month.
    Thanks!

    #2
    Pambysue - your BK filing will take care of all you mentioned - in either scenario. Try to stop worrying so much and enjoy your holidays!!!!


    Originally posted by pambysue View Post
    Hello all
    I was wondering.. if my house is in the foreclosure process in NY state , which I know is a long process state, and I have already moved out of the house and the foreclosure sale hasn't happened by the time I file ch 7 bk, can I still include all of the debt involved (any deficiency amount, back property taxes etc) to have them wiped out in the chap 7 even though foreclosure has started before I could file and 'surrender'? What would happen if the foreclosure sale/tax sale occured BEFORE I filed (which I don't think will happen that fast..but, who knows)? I just want to try and have my ducks in a row for when I file the end of next month.
    Thanks!

    Comment


      #3
      thankyou Betty..lol..I guess I am really agonizing over everything WAY too much! And..as if the holidays weren't going to be depressing enough, I was told today that they need me to work on Christmas!! I can't believe they would ask the ONE person who is a single parent, who's grandchildren are coming for the day, to work. Oh well..I guess all of this will make me a much stronger person
      Have a Blessed holiday and thankyou again for the re-assurance!

      Comment


        #4
        No problem Pambysue! I totally understand - when I was going through my BK and made the decision to let the foreclosure go forward, my mind was swirling 24/7 with questions! I was driving every one crazy! LOL

        If it helps at all, I can tell you that I was served in 2006 in NY State and it took FIVE months - to the day - before a Judge even signed an order allowing the Lender to foreclose - an another 2 months for a Referee to be asigned - 7 months total - then another 2-3 months to sale date (which hasn't even happened yet).

        Originally posted by pambysue View Post
        thankyou Betty..lol..I guess I am really agonizing over everything WAY too much! And..as if the holidays weren't going to be depressing enough, I was told today that they need me to work on Christmas!! I can't believe they would ask the ONE person who is a single parent, who's grandchildren are coming for the day, to work. Oh well..I guess all of this will make me a much stronger person
        Have a Blessed holiday and thankyou again for the re-assurance!

        Comment

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