Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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It is not necessary for you to attend the foreclosure hearing unless it is your intention to object
It may be premature to move
At the foreclosure hearing the judge will set a date for the foreclosure sale– usually at least 30 days from the hearing date. Once the foreclosure sale takes place, title is not issued for an additional 15 days.
I would be glad to respond to any related follow-up questions that you may have.
After the foreclosure sale, how much time do I have to move out?
The title must be issued before the successful purchaser can begin eviction proceedings
It takes a minimum of 15 days to issue the title
The next step is an eviction proceeding. If the lender is the successful bidder at the foreclosure sale, it would be typical for the lender not to immediately begin eviction proceedings
However if the lender does begin eviction proceedings, you would be given a three-day notice to vacate at that time.
If you did not vacate within the three-day period, the lender with then need to file unlawful detainer action with the court to evict you – this could take an additional month
Have I answered your question
Thanks for your quick reply. Will I be responsible for anything else, Like taxes and Insurance on the property? Why is the lender foreclosing now despite the bankruptcy? Will the house show in my credit report as foreclosed home instead of included in bankruptcy?
You are welcome. JustAnswer policy requires that new questions be posted separately on a new page. However I will briefly answer these new questions here as a courtesy
You would not be held responsible for the taxes nor the insurance on the property since you filed a chapter 7 bankruptcy.
Your credit report is required to reflect the bankruptcy – it should not indicate the foreclosure since your personal liability has already been discharged in the 7
if you have any homeowners association or condo fees that have arisen since the bankruptcy filing, you can be held liable for those fees
I sure will.