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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Im 100 disabled n evicted thursday my mortgage company

Customer Question

im 100 disabled n evicted thursday my mortgage company violated my rights uder qda n lied to court n will filing bank ruptcy keep me from eviction even though they sold it at auction ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using the forum. My name is ***** ***** I hope to assist you with your question today

I am very sorry to learn of these circumstances, and while it may be worthwhile to try to contact local consumer protection or disability rights advocates to see if there is a potential civil claim against the mortgage company that may possibly result in financial compensation for you later on, filing bankruptcy will not prevent an eviction after the foreclosure auction has already occurred.

Bankruptcy can stall (not stop) a foreclosure proceeding during the early stages, when the lender is giving notice, or getting court orders to sell the property, but once the foreclosure has actually taken place and the sale has occurred, there is nothing for the bankruptcy court "automatic stay" to protect (the lender is no longer trying to enforce their rights, the new owner is simply trying to enforce their right of possession).

I do wish I had a different answer for you, and I do wish you the best of luck with this matter, as I noted perhaps a local attorney may find a mechanism for recourse based on the way in which the lender treated you or pursued the foreclosure.