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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My father had court and uncontested the order granting motion

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My father had court and uncontested the order granting motion for relief and 10 day stay provided by Bankruptcy is waived. It was is duplex home he lives in 1 house I live in the second with 4 kids. How much time will the bank give him time to move out? what happens to me, i don't have a contract but, i pay him rent.

The lender will have to go through the foreclosure process, which will take approximately 4 months.

 

If he's not out by the foreclosure sale, the new owner would have to file an eviction case against him, which would take another 30-60 days.

 

As for you, you've got the right to live there until the foreclosure sale is complete. At that point, the new owner would have to give you at least 10 days to vacate, and if you weren't out, yo could also be evicted.

Customer: replied 7 years ago.
what does 10 day stay provided by Bankruptcy is waived mean?
After an order is entered by the bankruptcy court, there is a 10 day appeal period in which either party can appeal. Because it is uncontested, the court has been asked to make the order final without having to wait the 10 days.
Customer: replied 7 years ago.
thank you!
No problem and good luck.
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