Bankruptcy Forum

Foreclosure Proceedings

msouth01
11-28-2005, 06:02 PM
I need help I'm presently filing Chapter 7 and my 341 hearing is on 12/1 I have a home that is presently in foreclosure and my attorney has filed a relief from Automatic Stay not sure what this is but the home is also under purchase contract and we were suppose to close in October however: wells Fargo the worse bank ever has not approved our short pay so we have not closed. In my attorney letter it indicates they now can proceed with foreclosing proceedings. Does the Sherriffs sale date get moved up due to this or can we continue with the sale of my home? Any answers would be appreciated.

losing_it
11-29-2005, 09:07 PM
If you are going through with Ch. 7 and your lawyer gets the automatic stay, that means they can't forclose right now. The automatic stay will buy you some more time but I'm not sure how much exactly. Since you are currently trying to sell the home, are there any liens against it? Another thing you should know is that any property sold after you file BK will have to go to the BK trustee. So if you make money on the sell after paying off your mortgage, you have to turn it over.