Ch7, NOD how much time left in home?

[Warcraftin]

Filed my 2nd Ch7 and just went to Creditors Meeting today, on the statement of intention I checked reaffirmation & redemption for my Condo. Trustee didn't ask any questions about reaffirmation or redemption, do I need to do anything else?

My Condo is about 100,000k underwater.

Does anyone know how the process works regarding the Condo once the BK is discharged, my lender filed a notice to remove automatic stay the court date is 2/08/10.

If I do nothing and the stay is removed, they sell the home, once the home is sold. How long do I have left? If it takes exactly 60 days to discharge the BK, I anticipate the discharge around 2/22/10. If they do not sell the home what should the timeline look like to move out? Am I required to move out once the BK is discharged, when can they actually force me out?

[jlmaca]

Filed my 2nd Ch7 and just went to Creditors Meeting today, on the statement of intention I checked reaffirmation & redemption for my Condo. Trustee didn't ask any questions about reaffirmation or redemption, do I need to do anything else?

My Condo is about 100,000k underwater.

Does anyone know how the process works regarding the Condo once the BK is discharged, my lender filed a notice to remove automatic stay the court date is 2/08/10.

If I do nothing and the stay is removed, they sell the home, once the home is sold. How long do I have left? If it takes exactly 60 days to discharge the BK, I anticipate the discharge around 2/22/10. If they do not sell the home what should the timeline look like to move out? Am I required to move out once the BK is discharged, when can they actually force me out?

This depends upon which state you live in, they all have different procedures. My discharge was 12/21/09. My mortgage company received a reief of stay a couple weeks before that. Now the only contact I have received from them are letters asking me to join them in a loan mod which I don't want. I'm 100k underwater. I did not reafirm. First they must contact me with a Notice of Deficiency. Then they can sue for foreclosure. That takes 30 days if you don't answer the suit. Then I have 90 days before sale. Now this is a general timeline. They have no interest in pursuing right now so I'll probably have a minimum of 6 months or longer. Your situation could be different depending upon your state.

[aljohnson007]

Generally, you can stay as long as you are listed on the Title as owner. If you have HOA/Condo monthly fees, they will be in no hurry to change the title.

[Warcraftin]

My situation is a bit different, I filed bankruptcy to delay the sale date. I filed Ch7 one day before the sale date of the condo. I am in California, I am sure the HOA will want me out ASAP as I haven't paid them in over a year and my mortgage in nearly 10 months.

The condo will go REO, but once it is and I am off the title how long do I have before the police/county sheriff can actually remove me.

[mtbc]

I wonder if you might be liable for HOA fees for the time since filing?

[aljohnson007]

Unfortunately, yes. Anything before filing is discharged but they can hold you personally liable for fees afterwards but depends on the HOA. Some do and some don't.