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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My house was discharged in chapter 7 bankruptcy in Jan 2010

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My house was discharged in chapter 7 bankruptcy in Jan 2010 in Miami, FL. I got a foreclosure hearing set up for April 2013.Should I move now? How long do I have before I get evicted? Should I go to the upcoming hearing or not?

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :

Hello,


I am a Florida attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!


Don't Forget that the deposit you placed to ask this question is not used to compensate me until you rate my service ! Please Remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law .

FiveStarLaw :

It is not necessary for you to attend the foreclosure hearing unless it is your intention to object

FiveStarLaw :

It may be premature to move

FiveStarLaw :

At the foreclosure hearing the judge will set a date for the foreclosure sale– usually at least 30 days from the hearing date. Once the foreclosure sale takes place, title is not issued for an additional 15 days.

FiveStarLaw :

I would be glad to respond to any related follow-up questions that you may have.

Customer:

After the foreclosure sale, how much time do I have to move out?

FiveStarLaw :

The title must be issued before the successful purchaser can begin eviction proceedings

FiveStarLaw :

It takes a minimum of 15 days to issue the title

FiveStarLaw :

The next step is an eviction proceeding. If the lender is the successful bidder at the foreclosure sale, it would be typical for the lender not to immediately begin eviction proceedings

FiveStarLaw :

However if the lender does begin eviction proceedings, you would be given a three-day notice to vacate at that time.

FiveStarLaw :

If you did not vacate within the three-day period, the lender with then need to file unlawful detainer action with the court to evict you – this could take an additional month

FiveStarLaw :

Have I answered your question

Customer:

Thanks for your quick reply. Will I be responsible for anything else, Like taxes and Insurance on the property? Why is the lender foreclosing now despite the bankruptcy? Will the house show in my credit report as foreclosed home instead of included in bankruptcy?

FiveStarLaw :

You are welcome. JustAnswer policy requires that new questions be posted separately on a new page. However I will briefly answer these new questions here as a courtesy

FiveStarLaw :

You would not be held responsible for the taxes nor the insurance on the property since you filed a chapter 7 bankruptcy.

FiveStarLaw :

Your credit report is required to reflect the bankruptcy – it should not indicate the foreclosure since your personal liability has already been discharged in the 7

FiveStarLaw :

if you have any homeowners association or condo fees that have arisen since the bankruptcy filing, you can be held liable for those fees

Customer:

Thank you.

Ellen and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.

I sure will.