How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
Type Your Bankruptcy Law Question Here...
Ellen is online now
A new question is answered every 9 seconds

What happens to a home that has been foreclosed on and the

Resolved Question:

What happens to a home that has been foreclosed on and the owner files for Chapter 13 Bankruptcy?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

Welcome to JustAnswer and thank you for the opportunity to provide you with information..

This depends - can you please tell me more about the matter?
Was the house sold in the foreclosure sale prior to the filing of the Chapter 13?

Customer: replied 5 years ago.
Yes, it was sold after the first bankruptcy case was dismissed, and before the second bankruptcy case was filed.
Expert:  Ellen replied 5 years ago.

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

Unfortunately since the foreclosure sale occurred after the first bankruptcy case was dismissed but before the 2nd bankruptcy case was filed, the chapter 13 bankruptcy does not set aside or stay the sale.

The automatic stay of the bankruptcy court prohibits any action against the debtor outside of the bankruptcy court once the bankruptcy has been filed only
Customer: replied 5 years ago.
Do I have any other legal recourse to keep this property.
Expert:  Ellen replied 5 years ago.

You may be able to set aside the foreclosure sale if you can convince the court that you did not receive the required notice and therefore you were denied due process.
Customer: replied 5 years ago.
Which court would I need to do this in.
Expert:  Ellen replied 5 years ago.
You would need to file in the county court in the county where the property is located. Since this would virtually be your last opportunity to regain the property, I suggest that you retain local counsel to file this most important motion on your behalf.Here is a link to a free site that may assist you in locating competent legal counsel:
Ellen and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
Regarding due process; If you were medically disabled and could not complete your chapter 13 bankruptcy petition, and your case is dismissed due to lack of documents you are unable to provide, and you receive erroneous information from the lender who proceeds with the foreclosure sale, do you have other legal recourse to regain the house.

Related Bankruptcy Law Questions