California, Chap 7, and leaving our home.....

[rocru]

Anyone, our court date for C7 was 06/14 and I was told as long a motion for relief was Not filed, we'd have 90 days to remain in our home.

So, GMAC, the lein holder, what do they have to do to remove me from the home?

Can they serve me foreclosure (or other) papers before Sept 14 or do they have to wait until afterwards?

Basically, I'm searching for a timeline, I believe the have to give me two (2) weeks to get out of the house. So I'm wondering, will that be on or shortly after Sept 14?


I'm unemployed since 12/09 and staying in the home until legally protected helps my family tremendously.

[tobee43]

it's going to depend if GMAC is using the Judicial vs. non-Judicial process, since calif. is a state that uses both.

if they go judicial they have to go through the court system and you can stall for a bit. i know someone in another state that ended up getting two more years. if GMAC goes the non-judicial route, once your stay is lifted, after your bk discharge ,they can begin immediately with the process, and i have seen it take from what people have said on the forum as little as 90 days from the NOD in calif.

a good way to see how fast they are going is to look at your sheriff's foreclosure site. most counties have them, and you can see what's going on or how quickly things are moving in your area. most times the foreclosures are listed by not only name of the owner, but also the lender.

hope that helps a bit, but the bottom line, is, it is somewhat difficult to know until you know how GMAC is going to proceed.