Bankruptcy Forum

Can we file 13 to save our home after sheriff sale?

Kim
02-22-2005, 10:35 PM
Our house went to sheriff sale on Sept. 02, 2004..we have one year redemption so til Sept. 02,2005. We have 4 children and one due in 3 weeks. We cannot refinance and we will be homeless if we don't find an answer. Can we file chapter 13 to save our home after the sheriffs sale? We had awful things happen in our life with one of our young children that threw us behind and we have never been able to catch up. We have 1 credit card for 250 limit. We don't have anything else on credit or owe much on anything. Can you tell me if we can save this house with Chapter 13? Thanks Kim.

HHM
02-23-2005, 07:43 AM
That is a question you need to ask a local BK attorney since foreclosure works differently from state to state. However, typically you can get the home back if your local state law allows for a redemption period, but you need to have the financial werewithall to pay the missed-payments plus the foreclosure fees and costs in your chapter 13 plan.

Kim
02-23-2005, 11:17 AM
I will call one today. Yes we can pay it back. So much has happened with circumstances that when it was all coming down we didnt think we would be able to make the payments due to outsourcing of my husbands job. But the job situation is all better now and we are doing great so we want to save it now that we have the where with all. Thanks for your help.