No Ad Ever Run- Yet Sale Scheduled for 4/7

[BKinGA]

Hello Everyone

I filed Chapter 7 and Monday is day 60 for me.

My question is regarding the April 7th f/c sale date of my home.

The attorney for the mtg co sent a certified letter in February to me stating the they were accelerating the loan and would sell it on April 7th.

I have been checking the newspaper they have to post in for my county and no ad has posted yet. I was betting it would appear this past thurday but it did not.

In Georgia, I thought they have to run the ad for 4 weeks. Are there special circumstances they can use instead, to proceed with the sale? They already had the relief of stay meeting in court but no ad was ever run.

Your comments please, if you are familiar with Georgia law.

Thanks so much.

[Bell30656]

Is Thursday the day of the week that your county's legal organ publishes legal notices? Keep in mind the AJC is NOT the legal organ for any county within this state. To sell a property on April 7th with a Thursday legal day the ad would have to run starting 3/12.

Of course, the sale on the courthouse steps is just a step in the process. If you are still living in the house they will then have to begin an eviction proceeding against you. I wouldn't be surprised if the buyer or bank offers you a cash for keys deal after that point rather than going through the eviction. They really hate to see what the house looks like after the eviction notice.

[BKinGA]

Is Thursday the day of the week that your county's legal organ publishes legal notices? Keep in mind the AJC is NOT the legal organ for any county within this state. To sell a property on April 7th with a Thursday legal day the ad would have to run starting 3/12.

Of course, the sale on the courthouse steps is just a step in the process. If you are still living in the house they will then have to begin an eviction proceeding against you. I wouldn't be surprised if the buyer or bank offers you a cash for keys deal after that point rather than going through the eviction. They really hate to see what the house looks like after the eviction notice.

Thursday is the day that my county has to post and it did not post on 3/12. Im am not looking in the AJC, rather the Gwinnett Daily Post which is the newspaper for Gwinnett County foreclosures.

Does anyone familiar with Georgia Law know since the ad did not post as of 3/12 if the mortgage company has the right to foreclose on April 7th or if there are special circumstances/laws they can use instead, to proceed with the sale?

Your help is most appreciated.

[BKinGA]

Just a follow up note on my prior information.

I contacted the publication for my county and yes the ad has to run for 4 weeks in our county. They also checked on my specific information and said that the mortgage company had originally scheduled the ad for 3/12 but called back and cancelled it.

I then called the attorney for the mortgage company and they confirmed that they have rescheduled the sale for May because they still needed to do a title search .

So one more month to go.

Also I have passed the 60 day mark and am waiting on my Chapter 7 discharge, wish me luck. The Clerk of the Courts office said it usually occurs within a week or 2 after the last day for creditor objections.