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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I filed on 8/24 at 10:11 am w/out an attorney. I arrived at

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I filed on 8/24 at 10:11 am w/out an attorney. I arrived at the CO clerks office at 9:00 am. I had both a DVD copy and paper copy of my creditor matrix. The clerk directed me to retype all of them into their terminal. At 9:30 she stopped me to file. Another clerk refused to file because my creditor matrix was not 100% complete. I returned to the terminal where I had to start over. I finished at 10:03 and immediately went to file. I officially filed at 10:11 am. My home was scheduled to foreclose with public auction beginning at 10:00 am. The bank purchased my house that day.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 2 years ago.

Hi JACustomer,

What is your legal question, please? (What would you like to know?)

Customer: replied 2 years ago.
I want to know if I can file a motion to the bankruptcy court to set my offficial filing prior to 10:00 AM and therefore dissallow the sale of my home.
Expert:  cfortunato replied 2 years ago.
At what time was your house actually sold?
Customer: replied 2 years ago.
All the county would tell me is that they close the doors at 10:00 AM and anything that isn't recorded by 10:00 am is irrelevant (I don't know that the Fed Bankruptcy Laws support that or not). I've never been to one of these foreclosure auctions so I'm not really sure how they work.
Expert:  cfortunato replied 2 years ago.

You can file a motion with the Bankrutpcy court asking that your official file time be changed, based on the information you provided.

You can also contest the auction sale, as if the auction started at 10:00 am, it is highly unlikely that ownership of your property was transferred before 10:11 am. This is because it takes time to run the auction, and then to sign the papers transferring the property. The time that matters per Bankruptcy law, is the time the property actually changed hands, not the time the auction began.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

 

 

 

 

Customer: replied 2 years ago.
Just one more quick point of clarification. Where would I contest the sale?
Expert:  cfortunato replied 2 years ago.

At the court where the foreclosure proceeding took place. You can go to the clerk at that court to get the necessary forms and instructions.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
I had asked this question back a while ago. Then a bunch of insanity started happening around me, my bankruptcy case, and a couple other issues. So I started down the path of asking the BK court to change the filing. Then seemingly out of nowhere; my case was dismissed for failure to file a local form. I responded with a motion to reinstate stating that I did file the form. My motion was declined; I followed that up with a motion to reinstate that indicated the court erred in the previous ruling. My motion was granted and the case reinstated. Then my bank and the bankruptcy trustee converged on me, at the same time my house was robbed, and my appeal in a custody issue came due and frankly I got overwhelmed and just missed a teleconference on Friday and my case was promptly dismissed again. I am in so far over my head; I can't afford an attorney. I'm about to have a breakdown from getting bombarded in every facet of my life and on top of that I'm losing my house and have my BK dismissed. Is there anything I can do here - I mean can I file a motion based on "just give me a break please".
Expert:  cfortunato replied 2 years ago.
Has your house already been sold?
Customer: replied 2 years ago.
It was sold the day I originally filed. August 24th I believe, but after speaking with the clerk at the county office I was lead to believe that the bankruptcy stay stopped the foreclosure. I did not learn otherwise until mid-January at which time I filed a motion that essentially asked for more time to assess what was occurring with the foreclosure and with an issue of back taxes stemming from the trustee. The judge set a scheduling hearing for Feb 23rd which I missed; I was actually at our county mental health facility during the time as I'm getting overwhelmed and it kind of hit a breaking point last week. I know I f'd up but I've been hit with more than I think anyone could realistically handle over the last year. I mean earlier today I submitted my final reply brief on a custody issue that has prevented me from seeing or even speaking to my daughters for almost 20 months. I was assaulted and my house robbed in September. I'm fighting with my insurance company as they are trying to screw me on the claim because the police report did not correctly document what I reported to them. I'm sure none of this matters to a judge.....
Expert:  cfortunato replied 2 years ago.
If your house was already sold, there is really nothing you can do. If your house was not already sold, you can file another Bankruptcy.
However, I cannot tell you whether or not your house was already sold.
Customer: replied 2 years ago.
When you use the term sold, are you referring to foreclosed upon? Or are you referring to sold to someone who intends to occupy.

The mortgage holder on this property is the owner on paper as of, well I guess I don't know when that ownership officially changes hands but they completed the foreclosure. But I had believed that the BK court could essentially reverse or void that sale. I'm fairly certain I came across that in my research.

And Last question, there were some blatant errors by the BK clerk that allowed my house to be sold; I exposed those things in previous motions but didn't really make a formal request for any order. Based on the inequity that results from that error, do I have any legitimate basis for appeal to the next level of BK judiciary?

Thanks in advance for your assistance!

Best Regards,

Ed
Expert:  cfortunato replied 2 years ago.

"Sold" means you no longer own the property.

A sale cannot be reversed by the Bankruptcy court or the state court if a Bankruptcy was filed after the house was sold.

There is in most cases a 30-day limit to filing an appeal. You can find out the limit from the clerk at the Bankruptcy court.

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
I noticed that you also have expertise in Lessor / Tenant Law. I have a tenant living in my home who has a lease agreement through October 2014. My understanding is that they can boot me out anytime with proper notice but they are required to honor the existing lease for the tenant. Should he notify the bank / attorney for bank or just wait until they attempt to evict.
Expert:  cfortunato replied 2 years ago.

By federal law (the Protecting Tenants in Foreclosure Act), your tenant must be given at least 90 days to move if the buyer will be living in the house. If the buyer will not be living in the house, your tenant can stay at least until the end of the leaser term (October 2014).

Customer: replied 2 years ago.
Sorry to keep chiming in here - just a quick. Would you recommend that either my tenant or I notify the "owner" of the lease or wait until they move to evict?
Expert:  cfortunato replied 2 years ago.
There is no reason to notify the new owner. If the new owner is planning on moving into the house, the 90 days notice starts from the day the written notice is given to the tenant. Notifying the new owner may prompt them to give the notice sooner than they would have.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
Exactly what I thought - thank you very much!!!
Expert:  cfortunato replied 2 years ago.
You're welcome! And thank you for accepting my answers, and for the bonus!

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