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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38912
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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We started foreclosure proceeding against this mortgagor in

Resolved Question:

We started foreclosure proceeding against this mortgagor in July, 2010. Foreclosure sale was held on 8/13/10. Unbeknowst to our attorney, and after sale was completed, our mortgagor filed Chapter 13 on 8/10/10 and we did not know about it until after sale. We of course bid our own property back at sale. The bankruptcy stopped us from being able to reclaim our property until the outcome of Chapter 13 proceedings. After many delays and extensions, our mortgagor's Chapter 13 has been denied and dismissed.

My question is: is our foreclosure deed and sale now valid so as we can proceed with eviction of this party. We are in Tennessee and from what I have heard, our foreclosure deed back to us is now in force and we can proceed with eviction like his Chapter 13 was never filed.

Thank you.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.
If a bankruptcy is dismissed by the court, the creditors and debtor are each returned to the exact position they were in prior to the filing of the bankruptcy petition. If you had already foreclosed, and the bankruptcy was dismissed, then you can now proceed to evict the previous owner.

Hope this helps.

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