Help...New surgery, and how long before foreclosure after receiving notice.

[mark3413]

We are scheduled to file our chapter 13 in 3 days. We had all medical bills, etc accounted for.We are potentially in a mess as of tonight.Our 5 year old daughter was rushed to Nashville by ambulance (130 Miles away, = Huge Bill).Right now,I don't care if it cost 200k , to get our little girl well again, but obviously we;re going to have to postpone the filing until she's well, and back home.We are 3 months behind on arrears in our mortgage, and it was to be included into the plan. My question is.How long does it usually take for a foreclosure to take place.We haven't received a foreclosure letter yet, but if we wait much longer I figure they'll send one notifying us of foreclosure beginning.Do we have a few days after receiving the letter before they foreclose(In Tennessee), and this new hospital bill, is there anyway to include it in the chapter 13 we're going to file in a few days.I didn't know since it's just happened.We have a health insurance application in process, but obviously this new surgery won't be covered.I was just needing an opinion, as my little girl is more important than anything , but we feel like the world is crumbling around us.Any opinion greatly appreciated.We can't do ch. 7, but can do 13.

[espo1357]

We are scheduled to file our chapter 13 in 3 days. We had all medical bills, etc accounted for.We are potentially in a mess as of tonight.Our 5 year old daughter was rushed to Nashville by ambulance (130 Miles away, = Huge Bill).Right now,I don't care if it cost 200k , to get our little girl well again, but obviously we;re going to have to postpone the filing until she's well, and back home.We are 3 months behind on arrears in our mortgage, and it was to be included into the plan. My question is.How long does it usually take for a foreclosure to take place.We haven't received a foreclosure letter yet, but if we wait much longer I figure they'll send one notifying us of foreclosure beginning.Do we have a few days after receiving the letter before they foreclose(In Tennessee), and this new hospital bill, is there anyway to include it in the chapter 13 we're going to file in a few days.I didn't know since it's just happened.We have a health insurance application in process, but obviously this new surgery won't be covered.I was just needing an opinion, as my little girl is more important than anything , but we feel like the world is crumbling around us.Any opinion greatly appreciated.We can't do ch. 7, but can do 13.

Sorry to hear about your daughter. I hope she gets well.

There are better "experts" on here than me. But, in general, do not sweat this. The process takes time, and they have to propertly serve you. It differs from state to state.

Nonetheless, if you are going to do the 13 soon, then you should be in good shape.

In other words, they don't just show up at at your home, and kick you out.

[momofthree]

I don't know about TN, but here in CA, it takes well over a year for foreclosure.

I think you're safe to wait a couple months to file if need be.

[mark3413]

thanks so much for the answers.That helps us feel better

[SMinGA]

Medical bills incurred before filing, even if you're not planning to file, should not be an issue. Emergencies cannot be planned, afterall. Filing in 3 days would mean all the bills for services up to filing date could be included - even if you have not received them yet when you file. But depending on her situation, there may be services needed in the coming days/weeks so waiting to file means you should be able to include those as well.

I have no personal knowledge of foreclosure proceedings in TN. It differs in each state, with some taking a very long time. GA is perhaps one of the quicker states - once the mortgage co starts the process the foreclosure sale can happen in as little as ~5 weeks depending on the timing. But I don't think they actually go there until someone is 4-6 months behind.

As always - discuss these things with your attorney. More than likely you'll be fine though!

[lrprn]

If you do live in Tennessee, unfortunately I don't have good news for you.

Here's an explanation of the foreclosure timeline in Tennessee - http://www.realtytrac.com/foreclosur...osure-laws.asp . Because TN is a state that doesn't require the lender to go through the court for foreclosure, the typical foreclosure process in TN takes less than two months

However, fortunately (for you) these are not typical times. Depending on your lender and how many properties they already have in foreclosure in your area, you may have longer to much longer than several months. To get an idea about what to expect, ask your bk lawyer about his/her other clients who were behind in their mortgages before filing how long those other cases took before the bank actually foreclosed.

Being an old pediatric ICU nurse myself, I'm sending all the positive thoughts I can your daughter's and your family's way. Hang in there. Keep us posted and come back for support and virtual hugs as needed. We're here for you.