HELP-Got a Letter Today Regarding Order Terminating Automatic Stay

[jg77]

I live here in ARIZONA and I got my BK7 discharged on 7/20/09 and this leter came today dated 8/18/2009 about Order Terminating Automatic Stay. Can someone tell what this means and how much time do I have before Im thrown out of the house.

TY

[TBLTZ]

You were already discharged? Haven't heard that before. Were you late on payments or current?

[jg77]

I was in foreclosure prior to filing bankruptcy which got dischared on 7/20/09

[justplaintired]

If you were behind on the house payments, and you were in foreclosure before filing, the BK filing would have meant they had to wait for discharge and close to continue with foreclosure proceedings. So, since you are now discharged, yet I am assuming not closed, they are wanting to go forward with the foreclosure process. You filed against them I assume since there was a stay. I hope you knew that filing BK and being behind on payments would not save the house.


Unsure on time frame, but I think you will have a little time. Save money and find a new place, then walk away.

[justbroke]

I was in foreclosure prior to filing bankruptcy which got dischared on 7/20/09

Well, that may compress some of the timeline, but no one can say with certainty, by how much. Foreclosures in Arizona take about 90 days (judicial) and then there can be a redemption period of 30-180 days. Don't ask me what's typical, because I don't know.

You will be fully aware of the progress as that would be handled in your local courts. I would think that you have a minimum of 90 days, and as much as 180 days. Of course, this depends on the lender actually pursuing foreclosure at this time, as many lenders have been really slow lately.

[HHM]

What probably happened was this...

Mortgage company filed a Motion for Relief from Stay; but the court is so backed up that the debtor was discharged before the order granting relief from stay was entered.

[jg77]

Thanks for the responses. I wonder if it's possible to check with the court on this to give me a possible timeline. What do you guys think?

[justbroke]

Thanks for the responses. I wonder if it's possible to check with the court on this to give me a possible timeline. What do you guys think?

It's at the discretion of your lender, not the Court.

[jg77]

It's at the discretion of your lender, not the Court.

I understand, just worried about being evicted with no notice and being locked out with everything inside.

[OhioFiler]

I understand, just worried about being evicted with no notice and being locked out with everything inside.

You'll know with plenty of time when you need to leave.

[jg77]

You'll know with plenty of time when you need to leave.

Can you elaborate?

Letter sent to me or a posting on a wall?

[kenshirley]

Thanks for the responses. I wonder if it's possible to check with the court on this to give me a possible timeline. What do you guys think?

No, I think the court clerk would consider that giving you legal advice and that's not going to happen.

[whipster1]

Since you are discharged you can talk with whoever you want. Call the foreclosure attorneys and ask where to send the keys.

[kenshirley]

Why not?
But why be in a hurry to get out unless you have someplace else lined up already.
Many use this time to save some money to get another place.

[OhioFiler]

Can you elaborate?

Letter sent to me or a posting on a wall?

Eviction is a legal process that takes time. We don't live in the old USSR. No one will show up in the dark of night and ferry you off...well unless you are Elian Gonzalez and Janet Reno is the head of law enforcement.