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    Quick question

    When you file bankruptcy and intend on giving up your house, the mortgage company files a motion to lift the stay. Question is does that show on pacer. Reason I ask, we are giving back our house and we have not heard anything from the company or anything. We would actually like to know how long we can stay here before we actually have to leave. Thanks Emandmeagsmom

    Just saw on pacer, they requested to be put on mailing matrix and be made part of this proceeding. What does this mean?
    Last edited by emandmeagsmom; 10-04-2007, 01:17 PM. Reason: added question

    #2
    When the mortgage company lifts the stay, it WILL show up on PACER. You'll also receive it by mail.

    As for how long, well you'll be in the home, each state is different. It could be anywhere from 12 to 18 months in a judicial foreclosure state. I've heard/read that non-judicial states is about 4 to 6 months. Just keep track of PACER and watch for the default judgement (which doesn't mean much because your surrenduring the home) and for the re-assignment of real estate mortgage. Then, watch the Sheriff's Sales on the Sheriff's website. From what I've seen, the Sheriff Sales show up on the wedsite about 60 days prior to the sale. If you hired an attorney for your BK, make the call as documents post to PACER or arrive by mail and he/she should be able to give you accurate timeframes.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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