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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
9968427
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What are some of the ways to extend foreclosure sale dates

Customer Question

What are some of the ways to extend foreclosure sale dates?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.
Welcome!


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?
  • Is this a residential property
  • do you occupy the property
  • do you want to keep the property
  • is there equity in the property

Thanks!
Customer: replied 5 years ago.

I occupy the home. There is no equity. I want to keep the home but am more inclined to use some of the various defenses, as a result of the securitization problem, to keep the home. I need time to use these strategies ie. bankruptcy to provide the time for my defense.

Expert:  Ellen replied 5 years ago.
last questions –
Is this the original purchase money mortgage?
Do you have the 2nd mortgage?
Customer: replied 5 years ago.

I am not clear on your 1st question. I have a 1st and a 2nd with B of A. They originally were with Countrywide.

Expert:  Ellen replied 5 years ago.
Thank you for your information

If my answer is not clear to you or does not completely answer your question, please ask me for clarification by using the reply button.

A Chapter 13 would typically be the most effective method

A Chapter 13 bankruptcy would immediately stop the foreclosure action. It could permit you to set up a plan to reinstate your mortgage arrearages. In other words, it could allow you to pay the arrearage over a 5 year period.

The Chapter 13 bankruptcy may also be used to strip away the 2nd mortgage if the first mortgage equals or exceeds the value of the property.


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Customer: replied 5 years ago.

I need time to apply the different strategies and think a Ch. 7 would be better, which could be changed to a 13 later. The idea being to buy time without having to make payments as I would under a 13.

 

Can a BK be filed in any Federal Court, or does venue apply?

Expert:  Ellen replied 5 years ago.
You will need to file the bankruptcy in the district where the property is located

Here is the link to the Central District of California:
www.cacd.uscourts.gov/Prose

I hope that it helps to know this information

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Customer: replied 5 years ago.
What does "district" mean, is it the same county, state, can a CA court by used for a Nevada property?
Expert:  Ellen replied 5 years ago.
The bankruptcy court is divided up into districts for filing based upon geographical areas.

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Customer: replied 5 years ago.
Can a bk be filed in a court outside of the filers district?
Expert:  Ellen replied 5 years ago.
no
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