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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31765
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My condo goes to Sheriff sale in about one month, I want to

Customer Question

hi my condo goes to Sheriff sale in about one month, I want to obtain a stay which would allow me time to file for various loans as well as obtain the money from you wifes parents you live in China, how should I progress
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Are you currently in bankruptcy? If so, has the creditor filed a motion to lift the automatic stay?

Customer: replied 1 year ago.
no discharged earlier this year
Expert:  Roger replied 1 year ago.

Discharged or dismissed?

Customer: replied 1 year ago.
it was accepted
discharded
Expert:  Roger replied 1 year ago.

Ok. Were you discharged of this mortgage loan or did you reaffirm it?

Customer: replied 1 year ago.
it was not discharged, I have a balloon loan that matured 4/2014 owe 116k,
Expert:  Roger replied 1 year ago.

Ok. Thanks.

The only way you could force a stay is by filing a chapter 13 bankruptcy and receive the benefit of the automatic stay...and use that time to establish a repayment plan. You can't receive a discharge after completing the plan, but you likely don't need it if you just got out of a chapter 7 and received a discharge.

Expert:  Roger replied 1 year ago.

There is no other way to stop the foreclosure for certain - - - except by filing chapter 13.

Customer: replied 1 year ago.
how can I delay sheriff sale, need a few months to pull funds together
Expert:  Roger replied 1 year ago.

The only way to do that is by filing a chapter 13......there's no other way it could happen short of an agreement with the creditor.