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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12935
Experience:  B.A.; M.B.A.; J.D.
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We have filed our bankruptcy without counsel. Have attended

Resolved Question:

We have filed our bankruptcy without counsel. Have attended the creditors meeting and our discharge should be upcoming within the next week. In our bankruptcy we listed our home which we intend on surrendering. How long do we have to move out of the property after the discharge? Or do we need to be out prior to discharge of the BK? We are still living in the property and just want to know how much time we have to get our stuff off the property. Thanks much for your advice.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.

 

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

We have filed our bankruptcy without counsel. Have attended the creditors meeting and our discharge should be upcoming within the next week. In our bankruptcy we listed our home which we intend on surrendering. How long do we have to move out of the property after the discharge? Or do we need to be out prior to discharge of the BK? We are still living in the property and just want to know how much time we have to get our stuff off the property. Thanks much for your advice.

 

Response: You can stay in the home until the lender forecloses on the home. If you do not vacate the premises, after the foreclosure sale, the lender/new owner would give you notice to move out. If you do not move out at the expiration of the time in the notice, then the new owner/lender must file an eviction action to force you out. There is no self-remedy to evictions in Florida. This means that the new owner/lender cannot change the locks or shut off your utilities in order to force you out. The lender/new owner must file eviction action in court, obtain a writ of possession and get the Sheriff to remove from the premises.

 

Customer: replied 4 years ago.
I just checked the public records for our county and the lender has not filed anything to date. It is my impression that it would be a court filed paper and we would be served is that correct?

I am concerned because several times people have been on the property while we were away, just small things being moved, etc.

So even though there is a bankruptcy, they still have to foreclose? even though we said we were going to surrender? So since no foreclosure procedings are on file, I am to assume that they have not even done this yet and I have between 60-90 days? is that about right?

If so, what a relief! I assumed that we would just be thrown out because we filed BK and indicated that we would surrender. No wonder I did not get anything from the Trustee regarding this. Now if they have to foreclose, will that go on our credit? because that foreclosure would be after the bankruptcy...we were filing bk to avoid a foreclosure...hope we did the right thing.
Expert:  Phillips Esq. replied 4 years ago.

 

 

I just checked the public records for our county and the lender has not filed anything to date. It is my impression that it would be a court filed paper and we would be served is that correct?

 

Response 1: Yes. Also, because you are still in bankruptcy, the lender must file a motion for relief from the automatic stay and obtain permission from the bankruptcy Court in order to proceed with a foreclosure sale of the property.

 

I am concerned because several times people have been on the property while we were away, just small things being moved, etc.

So even though there is a bankruptcy, they still have to foreclose?

 

Response 2: Yes

 

even though we said we were going to surrender?

 

Response 3: Yes

 

So since no foreclosure procedings are on file, I am to assume that they have not even done this yet and I have between 60-90 days?

 

Response 4: Yes

 

is that about right?

 

Response 5: Yes

If so, what a relief! I assumed that we would just be thrown out because we filed BK and indicated that we would surrender. No wonder I did not get anything from the Trustee regarding this. Now if they have to foreclose, will that go on our credit? because that foreclosure would be after the bankruptcy...we were filing bk to avoid a foreclosure...hope we did the right thing

 

Response 6: Depending on the lender, the fact that the mortgage has been foreclosed may be reported to credit reporting bureaus. Because you surrendered the property in your bankruptcy, your personal liability on the note would be extinguished when you get your bankrupt discharge in few weeks. Thus, the lender can NEVER come after you for any deficiency after the foreclosure sale. That is one of the benefits of your bankruptcy filing.

 

Customer: replied 4 years ago.
okay, just one more thing...sorry so many questions for you. Just so happy someone is up this time of night.

They did request and were granted relief from the stay; however, they have taken no action thus far. The BK trustee sent us a copy of the relief of stay and it stated they were unable to deliver a copy to the creditor due to incorrect address, but that was the address on our payment coupon. I have not made contact with the lender at all during this time. Should I have? We already changed our address but did not forward our mail because we did not want our old bills following us to our new address and getting updated further harrassing us. Will this affect the mortgage co. notifying us? Our current address is listed on the BK filing forms.

Thanks again
Expert:  Phillips Esq. replied 4 years ago.

okay, just one more thing...sorry so many questions for you. Just so happy someone is up this time of night.

They did request and were granted relief from the stay; however, they have taken no action thus far. The BK trustee sent us a copy of the relief of stay and it stated they were unable to deliver a copy to the creditor due to incorrect address, but that was the address on our payment coupon. I have not made contact with the lender at all during this time. Should I have?

 

Response 1: No

 

We already changed our address but did not forward our mail because we did not want our old bills following us to our new address and getting updated further harrassing us. Will this affect the mortgage co. notifying us?

 

Response 2: Your lender would send foreclosure notice to the address it has on record for you.

 

This is my final response to your original post.

 

 

 

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12935
Experience: B.A.; M.B.A.; J.D.
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