This is the details of my dilemna:
- property scheduled for auction in Florida
- filed petition
for chapter 7
, 2 days BEFORE auction date
- auction proceeded as planned & property was sold back to plaintiff
- did NOT present bankruptcy info to clerk of courts until 9 days after auction date
- tenants are residing in the foreclosed home & received notice
that foreclosure is complete & Fannie Mae is new owner. Letter to contact Fannie for "options"
My question is: since petition was filed 2 days before auction, and auction took place as planned, was I protected by the automatic stay?
--- is Fannie Mae the new owner since the tenants want to stay longer to prepare for the move
-- I called Fannie to advise of bankruptcy filing & case # XXXXX was told Bank of America has NOT sent notification to Fannie regarding bankruptcy.
--- Can Fannie get court order for eviction even though bankruptcy was filed?
--- Will there be another foreclosure auction held?
--- What can I expect next?
--- Does attorney for bank have to request a lift of automatic stay? Was I too late in filing for "suggestion of bankruptcy"?
--- Plaintiff is Bank of America, even though they were listed on petition, do i need to personally call their office?
--- I know now, if I had presented "suggestion of bankruptcy" to clerks office BEFORE the foreclosure sale date, all of this would have been avoided. But since the sale occurred, I'm not sure what my options are any longer.
My objective is to let the tenants have time to pack and move. They are NOT protected under the "Tenants of Forecloure Act of 2009" since they are not "bona fide" tenants.
Any legal advice would be greatly appreciated. Thanks.