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Question about "Walking away from house" in a 13

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    Question about "Walking away from house" in a 13

    Hello all,
    You all have been extremely to me here in this forum. After all the great info received here, We are currently in a 13 and are going to amend our plan and give up our house (which is a good thing for us!) my 2 question's to everyone here are these...
    How are we supposed to know what our RENT payment will be until we actually get officially kicked out of our house?
    and
    After we amend our 13 how long are we looking at before we have to leave our house officially? (is it my understanding that we can stay there as long as we need to until they OFFICIALLY kick us out?)

    #2
    You need to speak with your lawyer. The amount of days you have in the home varies. Most states have a minimum timeline (the amount of time it takes for the bank to process all the paperwork and the sheriff's sale has to be advertised for X amount of days, and things of that nature.) Sometimes the sheriff's sales are postponed. Sometimes the banks take a long time to process the paperwork. In some states you have X amount of days to vacate after the sale and in other's you have a few days. It varies a lot.

    Unless you want to be homeless, I wouldn't suggest staying there until you are "officially" kicked out. I know of a family that waited until they were officially kicked out and the mom and dad came home to their kids standing in the yard with all of their furniture and belongings with the locks changed.

    Make sure you speak with the lawyer to see what the laws are in your state and if you will receive an official eviction notice or something of that nature.

    You need to be searching for a rental before you are officially kicked out. There are several websites, classfieds, etc. that will give you an idea of the going rental rates in your area. Don't wait until you are kicked out to start looking for a place to rent. Like I said, you need to discuss this with your lawyer so you'll know what the minimum amount time you have left is going to be, then you need to come up with a game plan to be out of your home in that many days. Start checking around at rental rates and coming up with a plan to save for rental deposits. You may also want to look into a storage unit in that period of time if you have a lot of stuff to move. It's much easier to quickly pick up and move a few pieces of furniture and personal belongings as opposed to moving a whole garage/house/basement at the last minute.

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