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Roger
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Category: Bankruptcy Law
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I live in Colorado. Im in the process of filing for bankruptcy.

Resolved Question:

I live in Colorado. I'm in the process of filing for bankruptcy. The actual filing should take place within the next two weeks. I'm only one month behind on my mortgage (Wells Fargo). My question is how's long does it typically take to have to move out of my home? I could make my March payment now, but it wouldn't be easy. Would doing so allow me to live here longer? I guess what I need to know is how can can go about prolonging the inevitable move?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Generally, a lender will not even begin foreclosure proceedings until the loan is 4-6 months past due. Then, Colorado law requires a 5 week publication period and other notice provisions under the law, a foreclosure usually takes 2-3 months to complete after the foreclosure begins. Here's a good link to read up on this and other factors: http://www.foreclosure.com/statelaw_co.html

ALSO, if you were to file bankruptcy, it would prolong the time it takes to foreclose on the property because BEFORE the foreclosure can begin, the lender would have to file to have the automatic stay lifted through a motion to the bankruptcy court. This proceeding will usually take 1-2 months. AFTER the stay is lifted, the lender can go ahead with the foreclosure.

Thus, you've probably got 3-5 months at the least that you can stay. If you pay March's mortgage, then it should buy you another month.

Once the foreclosure begins, you're entitled to remain in the house until the property is sold at auction. Until that time, you are still the owner of the property.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27203
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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