Need Help on Timeline

[Woah]

I'm in Missouri and the we are surrendering the house in bk7. Relief from stay was granted on 1/28. Our attny. office said we needed to be out 30 days after that hearing date which would be Feb 26.

I looked at the attny/foreclosure company website that the lender is using for the foreclosure. It basically stated that they promised quick results and sounded pretty much like my attny. Get out quick.

We are having to fix up the house we are moving to and it is several hours away from where we now live. That and the fact we are facing an enormous downsize in space is making it very difficult to be out on the 26th. I'd like to have a couple weeks breathing room.

We haven't gotten any certified mail regarding foreclosure from the lender. Only got notified when they filed for relief of stay and that the stay was granted. Does that mean we have longer in the house if we haven't gotten any NOD or served any papers by the sheriff?

We can't move things in until certain issues with the house are cleared up. If I knew I had just another week or two it would be a huge relief for us.

Let me know what you think.

[Woah]

here is the foreclousre company timeline website. http://www.msfirm.com/TimeLine.html
I am unsure if now that the "bankruptcy" timeline is done, if the "foreclosure" one starts. That would mean we have time. I just don't know for sure and would like someone who knows more to help me out.

[brokenbuthealed]

If you've already filed for bankruptcy, they will have to file the motion for relief from stay, which is described in the bankruptcy timeline. Then once they have the relief from stay they can then begin the foreclosure process (assuming it hadn't begun prior to the bk) which is described in the foreclosure timeline. Even after that they will still have to go through the eviction process in order to force you out, but that can't begin until after the foreclosure process is complete. Based on that, you'd have at least 4 months for the whole entire process to pan out.

[Woah]

We were current when we filed, so no foreclousre was in the works then. It just makes it nerve wracking when the attny tells you you have 30 days. Makes it seem like he knows something you don't.

It seems to me I have a little time. Just wanted to get some more opinions from people who have btdt. Thanks for responding.

[hereforinfo]

They still have to go through the foreclosure process, so the relief from stay means they can pick up where they left off. If you haven't received a NOD yet, they still have to do that and it looks like maybe you will have about 30 days from when they mail that to you. How many months are you behind? The lender doesn't usually start foreclosure until you are at least 3 months behind. According to that link, that particular attorney also handles bankruptcy relief from stay proceedings, so it's possible (and probable if you are not yet 3 months behind) that they just handled that and you may not even officially be in foreclosure yet.

[Woah]

hereforinfo, we were current when we filed but haven't made payment since. So, basically we are now the 3 months late needed to foreclose. the stay was lifted 1/28 and we haven't gotten any other notifications. I'm hoping that means we get an extra couple weeks to get the heck out of dodge. lol. Looks like it does.

thanks

[hereforinfo]

I would bet you will be fine. If they start the foreclosure when you get 3 months past due, then they still have to go through the legal process. Your bankruptcy filing delayed it a little, so they still have to start the foreclosure and you would have at least 30 days from the start.