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Question

Our mortgage company has obtained a motion of relief in our chapter 13 bankruptcy case in order to foreclose on our home. How much time do we have to move our possessions and what additional debts and expenses can we expect? We live in Virginia.

Submitted: 390 days and 8 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Mechanicsville, Virginia

Already Tried:
We have a bankruptcy attorney but he is apparently too busy to respond to our calls.

Accepted Answer

Hi. Sorry to hear about your mortgage problem.

 

In Virginia, a claimant desiring lawful possession from a tenant or foreclosed mortgagee must file something called an Unlawful Detainer. This must occur regardless of your bankruptcy status.

 

Once filed, you are served with notice of the court date - usually 30 days out. This date is typically called the First Return Date. When that date comes, you must appear in court at the time specified. The judge will ask you "Do you admit (or confess) to this unlawful detainer?" If you say yes, the court then orders immediate possession. You can move for an extension of time to permit you to remove your belongings, not to exceed 30 days. It then becomes a court order. If you are not out by 30 days, you can be cited for contempt of court.

 

On the other hand, when the judge asks if you admit the detainer, you can say no. If you do that, the judge will then set the matter out on the next court date (again, usually 30 days out. If that happens, ask the court to order a Bill of Particulars (BOP). This requires the mortgage compnay to give an itemized pleading to the court, citing the legal basis for their claim to possession. You will be ordered to provide a Grounds of Defense (GD). When you recieve the BOP, style your GD in direct response to each numbered paragraph in the BOP. Close your GD by stating that your home is involved in a bankruptcy, and as such the Virginia Court does not have subject matter jurisdiction over the issue, and that all matters related to the forclosure are under the jurisdiction of the Federal Bankruptcy Court.

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Expert: Virginia Trial Lawyer
Pos. Feedback: 100.0 %
Accepts: 
Answered: 10/28/2008

Lawyer

Former Virginia prosecutor, now private practice attorney specializing in criminal defense & divorce

390 days and 7 hours ago.

Reply

Thank you for your help! We appreciate the response (something we're not used to) and can plan accordingly. Once again, thanks a million!

Posted by Virginia Trial Lawyer 390 days and 7 hours ago.

Answer

You are WELCOME!

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