Foreclosure in 01562>Question Details

Greeneydgodd…, Other/Just Looking in 01562

How long do I have before I am evicted/foreclosed on?

Asked by Greeneydgoddess8402, 01562 Thu Dec 31, 2009

My house went into foreclosure last year and I filed for chapter 13 bankruptcy. I was paying the mortgage and my trustee for a while and then my boyfriend and I split and money became tight. There is a court date to lift my “stay.” I want to stay in the house but cannot afford it on my own. How long do I have before the foreclosure goes through? How long before I am evicted?

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You need to contact your bankruptcy attorney. I know when I read your question the first thing that comes to mind is, "when you did the chapter 13 bankruptcy was your boyfriend part of the case?", if he was then you have a hardship and the trustee may take that into account, but if he wasn't and there are no other changes in your income then the trustee may be concerned that you are not managing your money as calculated in the settlement agreement of the chapter 13 bankruptcy. I would advise that you sit down with a money management professional (Budget Assist 860-653-2274) set up a plan of action and be prepared to present that to the trustee, it shows you are proactive. As far as a foreclosure at this time you should not be under foreclosure but if you are not making payments a new filing will happen soon, the process takes quite some time now with the courts so swamped with cases. Eviction comes after the foreclosure sale is completed, if a private party takes title they may ask you to leave right away, if the bank takes the home (in most cases they do) you may not get a notice to vacate for months, I have seen cases where people have stayed in the home for as many as 24 months after the foreclosure sale. Good Luck Bob
0 votes Thank Flag Link Thu Jan 7, 2010
My heart goes out to you.I agree with Scott. Speak to your bankruptcy attorney as quickly as possible. I truly hope that 2010 is better for you, and a lot of others who are in your same predicament.
0 votes Thank Flag Link Mon Jan 4, 2010
You should probably contact your bankruptcy attorney for actual legal guidance. Alot will depend upon how actively your lender & servicing companies are. Massachusetts is a very pro-tenant state fortunatly for you. You might have 30-60 days from the court date if you're lucky. Often times it can be negotiated with the lender what's called "cash for keys", in that they offer you an incentive to move out faster & leave the place in good condition. An attorney is highly recommended especially in your case where your ex & you may have separate & joint liabilites with the property.

Hopefully 2010 will be a better year for you, good luck, check back and let me know how you make out,
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0 votes Thank Flag Link Thu Dec 31, 2009
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