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Demand for delay of sale after forclosure process is started

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    Demand for delay of sale after forclosure process is started

    Is anyone familiar with this? Apparently in Iowa, the homeowner can file a demand for delay of sale with the court, preventing the mortgage company from completing the foreclosure process for 6-12 months, giving the homeowner that much more time to live in the home, without paying. Is this correct? I know Iowa is both a judicial and a nonjudicial state, so if I surrender my house in my chapter 7, and the mortgage company and I agree to the surrender, then could I prevent the sheriff's sale of the house for 6-12 months?

    #2
    The bankruptcy would "technically" have nothing to do with the foreclosure. If this "demand for delay" is permissible in your State and for your specific type of foreclosure (judicial/non-judicial - power of sale), then you can use that process. Think of the foreclosure as a totally separate action than the bankruptcy.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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