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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5767
Experience:  20 years professional experience
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Trying to stop a foreclosure with sheriff's sale 8-17-16. I

Customer Question

Trying to stop a foreclosure with sheriff's sale 8-17-16. I have papers from a securatized Analyst of fraud from mortgage company. Was told I could present these papers to the judge before he starts his day in court. Also have copies of state statues 806.07 and 806.08. With copies to judge, sheriffs department, and d.a. . Also was told I could file a temporary bankruptcy till this can be taken care of. Is showing just cause of fraud with mortgage company and statues enough to stop this?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Maverick replied 3 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 3 months ago.

You can try to stop it using the Wisconsin statutes that you have cited but if the judge will not hear it right away and issue an order right on the spot, then you should opt for the temp. BK route. In order to do this in state court, you will also need the help of statutes 813.02(1) and 813.025(2).

If it were me, since you have such little time left, I take matters into my own hands and would file for an EMERGENCY bankruptcy first thing Tomorrow morning and before the time of the scheduled foreclosure sale. When you file for bankruptcy, your lender is prohibited from conducting the foreclosure sale. This is because the an automatic stay will be placed on all pending litigation matters. Once you file, you will need to immediately notify the court, the lender, and the sheriff's dept. by sending each a letter letting them know that you have filed and that an automatic stay has been imposed. You will need to attach a copy of the first few pages of the filing showing the date and time of the BK filing.

You can accomplish this emergency filing by filing Form 1- voluntary petition, the Mailing ­Matrix, and Form 21, (a Statement of Social Security Number). There is one problem: The bankruptcy requires you to take a court-approved credit counseling class. This class is generally available online and in most cases over the telephone or in person. After you take the class and pass a short quiz, you will receive a certificate of credit counseling that must be dated at least a day before the date of your bankruptcy filing.

Here is a packet with forms and instruction that you can use as a go-by.

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