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Foreclosure after Filed CH7

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    Foreclosure after Filed CH7

    I filed CH7 on 2/11. Mortgage company had already started foreclosure and was schedule to sell home "at public out cry" on 2/12. Now they have filed for reliefe from stay on 2/25, I am surrendering home and indicated so in my petition. Am I out of the loop now or will I still get the notice of sale etc.?

    If it matters, Filed in AL
    Filed CH7 Feb 12 2010
    341 March 18
    Discharged...May 18
    Awaiting closing...

    #2
    After about 21 days, the bank should receive, or apply for, a default judgment on the Motion for Relief From Automatic Stay (MRFS). Once that's granted, the bank can then reschedule the sale. Usually those sales are at a pre-determined time and place (like every other Tuesday at a specific time on the steps of the courthouse).

    Also, I don't know Alabama law, but they may need to re-advertise the sale, and that may slow down the foreclosure by 20+ days on top of the 21 days to get the MRFS granted.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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