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FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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There was a sale date on my mothers home for Nov.1st, this

Customer Question

There was a sale date on my mother's home for Nov.1st, this past Tuesday. I have POA and so I was going to deal with it. I had to be admitted to the hospital on Sunday evening and held until Monday so I could not make it to the courthouse to file my emergency ch 13 for the automatic "stay". I contacted our lender, CitiMortgage, early Tuesday (the auction day) and let them know that I was trying to cooperate with them and to see if we could work out some kind of deal so I could at least get 30 more days to work with the, or decide if ch 13 was the bes route. I had already written up an emergency ch 13 just in case, but I was assured by 2 employees at Citi that if I just updated her income statement, and some other minor paperwork, in regards XXXXX XXXXX modification I would be fine for the extension. I was actually in line a the social security office in Sn Antonio, Tx ( THis is a property in Bexar county SA, TX) to get a copy of my mothers SS award letter for for verification of income when I called Citi back just to make sure everything was still fine (as I had been doing all day) and then I was told that they could not reach the attorneys and that the sale probably had went ahead. I then hauled ass downtown and filed my emergency ch 13 but I am not sure what had taken place first, my case # XXXXX the auction. I have been told that since I filed that day the auction is nul and void, I just want to be certain.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 2 years ago.
Welcome to JustAnswer,

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 the chapter 13 bankruptcy will only be effective to stop the auction if the chapter 13 was filed before the auction was completed. You will need to check the time stamp of your chapter 13 with the time that the auction occurred


Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Customer: replied 2 years ago.
I was told that was irrelevant, as well as I was supposed to be on strict bed rest (as dumb as it sounds I have an ER DR. note telling the court to call him with any questions. I also know that I cannot take what Citi Mortgage has to say to heart, even though I was to explicitly that they would extend the sale date 30 days with proof of income. Hence why I was waiting in line a the SS office. What, if any motions/petiions could I file today to concerning this issue? I know I should not have let things get this farm but I was advised to file my emergency ch 13 on Monday the 31st so I would be assured some extra time due to the short time it would give Citi to respond.
Expert:  FiveStarLaw replied 2 years ago.
The time of the bankruptcy filing is extremely relevant. If you filed after the auction took place, you do not have the protection of the bankruptcy court's automatic stay which would prevent the sale. You must then file a Motion to Set Aside the Foreclosure Sale in State court. In your motion you will want to state that the Plaintiff failed to follow proper process thus denying Respondent of procedural due process. I suggest that you retain local counsel to file this very important motion for you. Here is a link to a free legal referral site that may assist you in locating competent local counsel: www.Martindale.com

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