Timing of Foreclosure and Filing CH13

[ameangreenbe]

How long can I squat?

Facts
I'm in Florida.
I'm walking away from my mortgage.
Including the mortgage in my CH13 so at the end of five years I'm "clean"
I was served with the foreclosure complaint yesterday.
I'm filing CH13 in October.


I'm confused about how long I can stay in the home once I file CH13 since I am walking away?

Thanks.

[lrprn]

How long can I squat? ... I'm confused about how long I can stay in the home once I file CH13 since I am walking away?

After you file your 13 and indicate you are surrendering the house, the lender has to petition the court to ask them to lift your automatic stay. Once that is granted, the lender then follows the normal foreclosure process in your state.

You are in Florida, so here's a link a website that explains the Florida foreclosure laws - http://www.foreclosure.com/statelaw_FL.html .

It states that once the foreclosure process starts after the court grants the lift of your automatic stay, normally you have approximately 120-180 days before the house is auctioned off. However, due to the high number of current foreclosures in Florida, you may have even longer.