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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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My daughter is going thru a bankruptcy and the mortgage

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My daughter is going thru a bankruptcy and the mortgage
If she is surrendering the property, she'll have some time.
The mortgage company is stayed for now because of the bankruptcy. They will need to bring a motion in the case to allow them to proceed with foreclosure, which the court will grant. (called modifying the automatic stay) Once the stay is modified, then they can start their state court foreclosure action. This process can take 6-9 months. Once the process is complete, and the title is transferred back, she should be out. If not, the bank (or buyer at sherriffs sale) could file an eviction proceeding, which can take about a month as well.
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