While in bankruptcy can a mortgage company file forclosure on a home that is in stay? - bankruptcy mortgage
I was last year in bankruptcy and the mortgage on the residence and took my payment, I also introduced the procedures for foreclosure. Is this legal?
Thursday, January 21, 2010
Bankruptcy Mortgage While In Bankruptcy Can A Mortgage Company File Forclosure On A Home That Is In Stay?
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4 comments:
He will lead the permission of the bankruptcy court is required before proceeding with him, but someone (you) have to notify them of the bankruptcy, before he was forced to stop, too. At this point you can make a request "to remain for an exemption from the automatic" with the bankruptcy court, and because they "secured" creditors (who have a lien) in the country, it would probably remain d 'if you do not payments are excluded.
There are things we should know ...
1. There is a proposal for the automatic suspension of assistance?
2. If so, it was granted?
If so, then what they did was perfectly legal. A proposal is a backup tool for the automatic suspension of a creditor arising out of bankruptcy, you can go to foreclosure in the courts of the state. Grants will be if they are not adequately protected. All adequate protection, it really means "Are you currently on their payments? Otherwise, it would be more likely to be given to the creditor. Even if you have not answered the question, be granted to creditors. The good news is you pay a cent to the failure of a foreclosure sale because it was included in bankruptcy. In some state laws, even if you have forgotten, d 'is something discharged in bankruptcy if it is to say to a Chapter 7 no asset case (it was nothing for the trustee and hold to sell).
Well, if no application for exemption from automaticStay present, and the creditor was not aware of the pending bankruptcy proceedings seems to be a violation of the Bankruptcy Code. Technically, it should not be presented in state court, unless they be aware of the bankruptcy of you.
Even now, to protect myself, here they have nothing, because of legal advice you to consult an attorney in your jurisdiction.
You can submit whatever they want, but you'll get is a stay and the case does not proceed to sentencing.
Under § 362, a secured creditor can prove that their property interests are not in possession of the debtor can be adequately protected from any form of relief appropopriate in the prosecution of the case obtained. (eg if the mortgagee back and noticed that the stones were removed from him, you get a cease-fire approporiate)
I'm not sure but I think the suspension was when everything was standing on ice, and could do nothing Companys or guilty .... too much money the best thing you can do is talk to a lawyer who dealt with real estate law.
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