My brother in law has had his house forclosed on and sold the original mortgage holder bought it bak, he filed an intent to redeam and tried to sell but couldn't. His redemption period is up on monday and he was wondering if filing bankruptcy on monday would stall him being tossed out or buy him any more time to sell it. I'm thinking it's too lat already but if any one has a thought we would be very gratful. thanks in advance! :confused:
:confused: My brother in law's house went into forclosure, was sold the original granter bought it, and he filed for an intent to redeam and tried to sell it but couldn't. his redemption period expires on the 4th - two days from now ! does anyone know of a way to get more time to try harder to get it sold? would filing bankruptcy on monday buy him any more time? Thanks in advance for any advice!
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Does anyone know of any way to get more time to try to sell your forclosed house after your intent to redeam period has run out? Mine is up on monday. Also , any idea when I can expect my belongings to be sitting on the street? :o Thanks in advance for any help!
Is it possible to get an automatic stay against a forclosue on the last day of your intent to redeam period if you can get the bankrupcy filed and stamped by the clerk on that same day?
robivi3
04-03-2005, 12:12 PM
It is unlikely that you could fill out the paperwork and file it in one day. Just filing is a process that when you use an Attorney takes a couple of weeks to assemble and correct everything.
If you want an Attorney to "rush" just triple the fee's.
Hell, you can get an automatic stay against the foreclosure 10 minutes before the auction if you wanted too.
So the answer to your question is yes.
A bankruptcy is really not the best route to get more time to sell your house. First, he would have to file a chapter 13, in a chapter 7, they will be able to take the house anyway.
Does the house have any equity? If not, let them take the house (since your friend's intent is to sell it anyway). If yes, even in foreclosure, you still get the benefit of any equity exemption, the only problem is, houses in foreclosure rarely sell at market value. If you sell the house in the BK, you run the risk that the trustee will want to use the proceeds to pay off other creditrs.
dwalker
04-16-2005, 12:19 AM
Has anyone heard of any re-fi companies that will touch you when a Chapter 13 has been dismissed? I was successful in my 2nd filing for about 4 months. I had the case dismissed due to schedule non-compliance. (I was 4 business days late on two payments) The schedule compliance was due to a bad filing by my attorney. (Lawyer filed before I received my first paycheck from a new job so I was playing catch up from inception.) Formal forclosure is about 2 months away. Don't want to lose the house but I have arrearages of about 20k over the course of two filings. My Chapter 13 plan had me making payments of $1100.00 every two weeks on a 130k home. Desperate for any info anyone might share.