Can a filing be done the day of a foreclosure sale?

[Ineedhelp2]

If so, does it have to be filed before the sale time as well?

Are filings retroactive to any degree?

[justbroke]

Technically, you can file anytime before the deed changes hands. It's best not to procrastinate and to get this done BEFORE the sale date. I filed my Bankruptcy on the 3 business days before my foreclosure sale (I filed on Wednesday, the sale was on the following Monday).

A petition is only "retroactive" to the extent that all debt prior to filing is subject to the bankruptcy.

[Widdle]

If so, does it have to be filed before the sale time as well?

Are filings retroactive to any degree?

Better call the Courthouse asap or check online (if your court is online) under the Mortgage Foreclosures section. That's where I found the information regarding BK filings.

Here in Florida, I researched and found several courts required the BK petition or Suggestion of Bankruptcy with the BK Case Number to be filed prior to
2:00pm the day before the sale.

I called the Courthouse and she told me I can fax the petition and to make sure the Mortgage Foreclosure Case Number is on the Fax.

Sister in Law's Sale Date was December 18th. She filed on Monday, we faxed same day. Sale showed up as "Cancelled" Tuesday Morning.

[BnkrptcyLwyr]

If so, does it have to be filed before the sale time as well?

The case must be filed before the falling of the gavel at the foreclosure sale.

It can be five minutes before.

The problem ... credit counseling must be done prior to the filing of the case. Some courts also say that it must be done the day before. Some courts say it must be "prior," meaning that they'll allow a same day credit counseling and filing, just so long as the credit counseling is prior to the filing of the case. I always tell clients, be safe and get it done the day before.

Are filings retroactive to any degree?

Short answer, no.

[Ineedhelp2]

This would be our second chapter 13 filing, so we have had counselling. Would that be sufficient.

The first filing was dismissed recently.

I am somewhat confused about the attorney telling me I can file again, and take care of the arrearage again, because I was previously told that could not be done, or else people would keep getting further behind, dismiss their case, and file again.

At any rate, this new filing would be concerning a 2nd mortgage. It looks now like it could be stripped. But it's the second who is doing the foreclosure. I think they think there is more money in the house than there is and that they want to take it back themselves and rent it out.

If they go ahead with the sale, but at that time do not pay off the first, but delay payment to the first, can it still be stripped?

[justbroke]

I believe that the counseling must be within 180 days of the filing of the petition. Hopefully, your pre-filing class certificate, is dated within 180 days of filing. You can take care of the arrearage, so I'd trust your attorney.

The problem with serial filing is that it does two things. First, your additional filings lose the "automatic" stay... automatically after 30 days of filing. Your attorney must file so-called "first day motions" in order to preserve the stay.

The second problem is that your prior case may have been dismissed with prejudice. This means you have to wait 180 days before refiling your case. That would give plenty of time for a serious lender to foreclose upon your property in most States.

I don't understand your question, but go away with this. If it's acceptable practice to strip junior liens in Chapter 13s in your District (most allow this to be done rather easily), then your attorney just files the appropriate motion or complaint to strip the lien. However, the only way to know that, and to provide evidence that, the second is wholly unsecured (not even by $1), is to get an appraisal.

Work with your attorney on this.

[Ineedhelp2]

There is a sale on Friday.

Is there time to file?

Could we not just file something minimal and fill in the details later?

[Widdle]

Yes, most courts have "Emergency/Sceleton Filings"

There is a sale on Friday.

Is there time to file?

Could we not just file something minimal and fill in the details later?

Yes, most courts have "Emergency/Sceleton Filings".

Which consists of just a few forms. Each District has their own local rules for what forms they require for the Emergency Filing.

Then, you will have 14 days to complete the paperwork.

Call the BK court to find what the minimum requirements are.

You can use your previous filings to fill in the forms.

[Widdle]

There is a sale on Friday.

Is there time to file?

Could we not just file something minimal and fill in the details later?

My Sister in Law drove to the BK courthouse, that took 2 hours, and received her BK case number in 15 minutes.

If you plan on driving to the courthouse with your paperwork, make sure to have an additional copy to get "stamped".

So, find a place that faxes, and "FAX" the "Stamped Petition" to the Court where the Foreclosure is to take place. Make sure the Foreclosure Case Number is on the Fax.

Then call the Courthouse to make sure they received the Fax.

[Widdle]

My Sister in Law drove to the BK courthouse, that took 2 hours, and received her BK case number in 15 minutes.

If you plan on driving to the courthouse with your paperwork, make sure to have an additional copy to get "stamped".

So, find a place that faxes, and "FAX" the "Stamped Petition" to the Court where the Foreclosure is to take place. Make sure the Foreclosure Case Number is on the Fax.

Then call the Courthouse to make sure they received the Fax.

This is assuming you are doing this without an attorney. Generally, the attorney will have their own procedures, which most likely will be E-Filing.

[justbroke]

Is there time to file? Could we not just file something minimal and fill in the details later?

I thought I responded to this question last night, but somehow, my post never made it. Suffice it to say that what Widdle wrote, is just about what I posted.

[Ineedhelp2]

It looks like we could go ahead and file today or tomorrow, but we have to make a long drive and do some last minute work.

The uncertainty I have is that the attorney said that if we try to strip the second that they will be likely to fight it, and that it usually ends up making some kind of settlement.

These are hard money people who seem to be intent to take the house back and turn it into a rental. It seems to be a poor business decision, but that's their business and it deprives us of our house, so we want to stop it if possible.

The question remains whether they can somehow get the house by agreeing to pay off the first.

Anyone have any idea how things could pan out after we file and appeal to have the second stripped?

[justbroke]

Anyone have any idea how things could pan out after we file and appeal to have the second stripped?

You could win!