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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17223
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Ijust received a date of law for April 29th 2013. I filed chapter

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Ijust received a date of law for April 29th 2013. I filed chapter 13 3 years ago and it was dismissed on february 29th. Wife is Disabled and we are currently seperated with extreme financial burden. Question is on the 29th, am i lockedout from the house or do i have 30 days after to be out by?

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

You would not be locked out of the home,

WALLSTREETESQ :

even if you do not make payments,

WALLSTREETESQ :

the lender would still have to obtain a judgment against you and then an eviction to have you leave, which typically takes several months,

WALLSTREETESQ :

if you have been paying your mortgage through the chapter 13,

WALLSTREETESQ :

you would not have to be out for several months or even years

Customer:

the reopened the foreclosuer and obtained the new law date on April 1st

Customer:

So what happens on the law date then?

WALLSTREETESQ :

the Court would have to obtain a judgment against you,

WALLSTREETESQ :

it may be possible that they were given a judgment, on April 1,

WALLSTREETESQ :

but it will take several weeks or months before an actual sale date is set, and even after a sale, you do not have to leave until officially evicted.

Customer:

So the law date is just to say that as of the 29th, the Mortgagae company can begin the process to sell the house and evict?

WALLSTREETESQ :

no, it is for the lender to get a judgment of foreclosure, in most instances,

WALLSTREETESQ :

then they have to sell,

WALLSTREETESQ :

after the sale, they have to try to evict,

WALLSTREETESQ :

so you have time

Customer:

understood

WALLSTREETESQ :

you do not have to leave until an actual eviction,

WALLSTREETESQ :

not sale,

Customer:

Thats what I was trying to find out we will be moving but thought we had some more time

WALLSTREETESQ :

you have time,

Customer:

Looking to move in may... Thank you for the help

WALLSTREETESQ :

Good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please provide us with positive feedback.

Customer:

Will Do have a good night

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