341 meeting has come and gone

[ethrjock]

I was worried that I might have to answer a lot of tough questions but the whole process was less than 5 minutes and none of my creditors were there.

Today I receive a letter from my mortgage company. It was a legal document regarding the motion from relief of stay and the meeting for that motion to be held Jan 23. We are not keeping our house.

Anyone know how long we have to stay in our home after the relief from stay meeting is held? We live in Atlanta.

Thanks and here is hoping my discharge letter will be soon.

[poorme]

In Georgia, the f/c process moves very quickly. Your hearing for the lift of stay will probably be on a Tuesday or Thursday in the Atl court, and if the mortgage company has their crap together your home could be listed in the paper on the following Monday. The sales are held on the First Tuesday of each month, and the f/c notice has to be run for 4 consecutive weeks prior to that day, so your sale date could be as early as March 5th.

This is clear - if you or your lawyer DON'T show up at the hearing the lift of stay will be automatically granted by the judge. IF you have any reason why you want to gain more time - show up and state your case, you'll have a chance to negotiate with their attny or you can just plead to the judge. Even getting a 2-week hold will push your sale date out to May, so you gain an extra month.

[ethrjock]

Thanks Poorme. I searched the web for the days before I have to be out after the sale date in Georgia but came up empty handed.

Do you know the eviction process after the sheriff's sale or does it also depend on the county. I am in Douglasville, Ga.

Thanks!

[poorme]

After the sale, you have a period of redemption - if the lender/buyer is willing, but by that time they just want you out. Notices are sent and a sheriff will post a tack notice on your door if no one's home - usually in 2-3 weeks after the sale (likely depending on their workload). Eventually you will be contacted and given a date to leave - I was already moving out so I didn't really pay much attention to these events. (I was in Gwinnett).

Easy to get details - call (or go) to your county courthouse to the county clerks office - and ask them to explain the process and timing for 'disposessory' process following foreclosure sale. It may even be on the county website. Sorry I don't have more specifics, but you have at least 2-3 weeks after the sale to as much as 2 months, depending on the buyer (probably your mortgage holder) and their willingness to work with you. They will likely utilize a local lawyer & realty firm after the sale that specialize in these things.