robs47 Posted December 21, 2009 Report Share Posted December 21, 2009 If I file before my codo goes into forclouser and I will be including them in the filing how long can I stay there ?Can I stay during the chapter 7 procedures? What if it finishes and still no forclosuer how long can I stay after discharge? Link to comment Share on other sites More sharing options...
bingo Posted December 21, 2009 Report Share Posted December 21, 2009 Your lender will be required to follow state law as far as timelines and notices.Ask your attorney how long it takes. It's a state specific thing but, I'd bet you have 6 months or more of rent free living. Link to comment Share on other sites More sharing options...
Methuss Posted December 22, 2009 Report Share Posted December 22, 2009 (edited) If you are surrendering the property in Chapter 7, you can count on the lender filing a motion to lift the automatic stay and proceed with foreclosure. You may only get a few days or weeks of court protection and the lender can continue with foreclosure even during the bankruptcy case if they are granted their motion. If you are behind on your payments, the BK law says the judge has to grant their motion to lift stay...end of story.As far as how long you can stay... The basic process is that a foreclosure suit must finish and then the lender has to file a forcible entry and detainer (eviction) suit to remove you from the property if you have not already left. The lender cannot remove you, only the Sheriff (or a constable) can when acting on a FE&D order from the court. There are many things you can do to make this process take longer. Showing up for court and avoiding a default judgment is one way. Just show up on the first court date by yourself and file a motion for continuance based on needing time to find an attorney (true or not). That alone will push things back 30 days at least. If the lender's foreclosure suit says they have lost or destroyed the Note, file an answer challenging their right to foreclose since they don't have the Note. It is common practice for foreclosure attorneys to use this blanket statement so they don't have to go digging for the correct papers. This can add months to the time it takes for them to foreclose.Usually the lender will offer you a payment to leave the property in good condition after being granted a foreclosure judgment and before going the route of an eviction suit. My neighbor was offered $4000 if he left within 30 days and left the property "broom clean." The amount went down to $2000 if he took 60 days to vacate and then at 90 days they would simply not pay and file for eviction. This is a general guideline. Some lenders are more harsh and won't bother paying you to leave.But, either way, you can stay in the property until a suit is filed to remove you. I would not try to stay past that point since you risk being removed involuntarily. If you don't get the move-out bribe, just make arrangements to leave on the day you are served with the FE&D summons. Edited December 22, 2009 by Methuss Link to comment Share on other sites More sharing options...
robs47 Posted December 22, 2009 Author Report Share Posted December 22, 2009 Great thank you. Im being sued by a creditor right now and waiting for the judgement. Once that happens I will file.Or I may wait until they try to garinish, does any one know how long that takes after judgement.Also, can I appeal the judgement and how many days do I have. Link to comment Share on other sites More sharing options...
Methuss Posted December 26, 2009 Report Share Posted December 26, 2009 You usually have 30 days to file any appeal. Most of the time you can't do this unless the judge made a mistake as a matter of law.You may never be garnished. Or it may happen within a few weeks. It all depends on if the creditor thinks it is worth the time. If you pay is low enough that they would get very little, they may not bother. But they will likely check up on you once a year to see if that situation has changed. Link to comment Share on other sites More sharing options...
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