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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2562
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I need some help interpreting the language in this letter.

Customer Question

I need some help interpreting the language in this letter. It is from the banks attorney.They started foreclosure on my property about a year ago due to my being behind with my taxes. I filed for Chapter 13 protection right away, but I didn't keep up with the payments and my case was dismissed last month, I understand that they are now able to continue with the foreclosure process, but I got this letter a few days ago. I'm not really sure what it is saying. The letter was too big to attach, but I have typed the part below that I am unclear on.

A motion will be made at a term of this court to be held in and at the Schenectady Courthouse for the court to appoint a referee to ascertain and fix the amount due for a summary judgment striking the answer of this defendant, and for such other and further relief as may be just and proper.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 1 year ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

It's just them moving forward with their foreclosure

Terry L. :

They are assigning a referee to make sure all the amounts are correct as to costs and amounts owed.

Terry L. :

It sounds like you filed an answer, but they want that stricken from the record

Terry L. :

They want to move forward with the sale once the foreclosure judgment is entered

Terry L. :

You have a right to appear at that hearing.

Terry L. :

Let me know what other questions you have.

Customer: replied 1 year ago.

Ok. So does this mean that they are just beginning the foreclosure process? I'm trying to figure out what stage the process is at to see how much time I have left to try to sell the house.

Expert:  Terry L. replied 1 year ago.
It's passed the beginning stages, and they are trying to get the numbers set. Once done, they will move for judgment then motion to sell thereafter. Talk to your real estate attorney and they can confirm how much time you are l
Expert:  Terry L. replied 1 year ago.
How much time you are looking at to sell. I inadvertently got cut off.
Thanks!
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2562
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
I won't be hiring a real estate attorney. That's why I'm asking the questions on here. I am not in a position to spend any money on this house matter. I will try to sell the house, but if I can't sell it they can't sue me for any deficiency because the house was discharged in 2010 in a chapter 7 bankruptcy.
Customer: replied 1 year ago.

It usually takes 4- 6 months to sell a property

 

Customer: replied 1 year ago.
Could you explain what you mean by a judgment to motion and sell thereafter?
Expert:  Terry L. replied 1 year ago.
If the home was in a prior ch7, then you are all set. Once the creditor gets all of the figures in line, then they will bring a motion for judgment on the foreclosure. Once it goes to judgment, then they bring a motion to set up the sale.
Let me know if you have any questions.
Customer: replied 1 year ago.
So do you have any idea about the time frame from this point onwards?
Expert:  Terry L. replied 1 year ago.
It can vary lender to lender on how fast they file all the motions, so I can't give you a timeline.
Customer: replied 1 year ago.
Okay. Thank you
Expert:  Terry L. replied 1 year ago.
best of luck to you

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Terry L.
Terry L.
Bankruptcy Lawyer
2562 Satisfied Customers
Better Business Bur 15yrs bankruptcy experience. Chicago Bar