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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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is there anything that can be done to stall foreclosure ev

Customer Question

is there anything that can be done to stall foreclosure eviction
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.


Absent a voluntary forbearance by the lender, a Chapter 13 bankruptcy is the only alternative.

A Chapter 13 bankruptcy would immediately stop the foreclosure action. It could permit you to set up a plan to reinstate your mortgage arrearages. In other words, it could allow you to pay the arrearage over a 5 year period.

It would be best to retain an attorney. If you cannot, you will want to purchase the forms on line and file them yourself prior to the sale. After you file the petition, you will need to notify the plaintiff.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
Customer: replied 7 years ago.

Thanks for your response. Unfortunately the sale has taken place and the next step is eviction. That is why I asked the question about "foreclosure eviction" and not just "foreclosure sale".


From what I understand the sale is still not final until the property has changed hands from the mortgage company to HUD. We have the funds to totally reinstate and I have contacted the the mortgate company REO department supervisor. I have followed up and followed through with everything he suggested in our initial conversation but have not been able to contact him since. The inability to get timely responses or erronus information from them has resulted has foreclosure sale. I have documented proof.


Meanwhile, time is not on my side. This is why I need some type of legal action to "stay" the process, giving me time to get "next steps" from the mortgage company.

Expert:  Ellen replied 7 years ago.

Thank you for your clarification.

There is no right to reinstate the mortgage after a foreclosure sale in North Carolina. So sorry