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    how many months till we have to move...

    in your opinion....

    we included both of our homes in the c7, our 341 is friday, Our Lawyer says it will be a few months till we have to move out

    BUT our rental home was vacant the bank has already drilled the locks out BEFORE the sale date

    any opinions would be great
    Filed Chap 7
    3.23.08
    341
    5.30.08

    #2
    36 views and not an answer?

    anyone have a rough idea?
    Filed Chap 7
    3.23.08
    341
    5.30.08

    Comment


      #3
      I guess it really depends on your mortgage lender and state you live in. Our house that we are surrendering is still *technically* mine, although it has been 4 months since we moved into a rental. Stopped by the old house last weekend and my keys still work and the house is just as vacant as I left it on February 1st. We decided to move into a rental before our credit was ruined.

      If you filed in March, I would assume that you have probably 6 months or longer. Remember that when you filed, an automatic stay was placed on all your creditors. This means your mortgage lender would need to request relief from the automatic stay in order to proceed with foreclosure.

      What state are you in?

      Good luck,
      getouttadebt
      FILED: 6/5/08
      DISCHARGED: 9/15/08
      CLOSED: 9/19/08
      6 Months Post BK Experian Score: 690

      Comment


        #4
        Originally posted by getouttadebt View Post
        I guess it really depends on your mortgage lender and state you live in. Our house that we are surrendering is still *technically* mine, although it has been 4 months since we moved into a rental. Stopped by the old house last weekend and my keys still work and the house is just as vacant as I left it on February 1st. We decided to move into a rental before our credit was ruined.

        If you filed in March, I would assume that you have probably 6 months or longer. Remember that when you filed, an automatic stay was placed on all your creditors. This means your mortgage lender would need to request relief from the automatic stay in order to proceed with foreclosure.

        What state are you in?

        Good luck,
        getouttadebt
        Thank you

        we are in Nevada (Vegas)
        Filed Chap 7
        3.23.08
        341
        5.30.08

        Comment


          #5
          First, who gave the bank permission to break the locks and exchange them. They are under a "automatic stay" until your BK is over or it is lifted. They have no business messing around any property that you own until it legal becomes theirs again.

          It is your responsibility to maintain insurance on your properties until they are turned over to the bank to protect yourself.

          I would be finding out "why" they think they the property is already back in their hands.....

          During most BK's you can live in the residence for up to 6 months or longer. My home didn't sell for 18 months and I sit right there right up to sell day.....
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment


            #6
            Originally posted by Minnymouth View Post
            First, who gave the bank permission to break the locks and exchange them. They are under a "automatic stay" until your BK is over or it is lifted. They have no business messing around any property that you own until it legal becomes theirs again.

            It is your responsibility to maintain insurance on your properties until they are turned over to the bank to protect yourself.

            I would be finding out "why" they think they the property is already back in their hands.....

            During most BK's you can live in the residence for up to 6 months or longer. My home didn't sell for 18 months and I sit right there right up to sell day.....
            Yeah my Lawyer was pissed about it
            But said "leave it alone better not to fight it just go back and take whatever you have left there"
            seeing it was rental I left it alone

            why keep up on insurance a side from the basic insurance issues, theft, fire, dog bites.....

            18 months is crazy!
            we havent made a payment in 4 months
            18 months wow! Hope that happens to me
            Filed Chap 7
            3.23.08
            341
            5.30.08

            Comment


              #7
              double post
              Last edited by jerzey; 05-28-2008, 11:33 AM. Reason: double post
              Filed Chap 7
              3.23.08
              341
              5.30.08

              Comment


                #8
                are you sure the bank drilled the locks????
                Chapter 7 Pro Se....Discharged Feb. 2006

                Comment


                  #9
                  Originally posted by CindyLou View Post
                  are you sure the bank drilled the locks????
                  900%
                  Lawyer called the bank on it
                  they said sorry but feel free to request the keys to remove any items we have
                  Filed Chap 7
                  3.23.08
                  341
                  5.30.08

                  Comment

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