Can anyone give advice on this...

[sickandtired]

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Ok someone just came to my door and served me with these papers. They say a foreclosure sale of this property may take place 45 days after being served. Does this mean they will auction the house in 45 days from today? If so, will there be a certain amount of time to be out by after the auction or do we have to be out before the auction? Also, our meeting of creditors is in 2 weeks and so far they have not applied to lift the stay, so technically can they do this? The paralegal said its a formality but I would like to know from you guys what you think. We are in MD.

[catleg]

Without a motion for relief from stay, commencing a lawsuit against you sounds like a violation of the automatic stay. It's just a formality, but it's a pretty serious formality.

[justbroke]

Unless there was said granted motion for relief from stay (which I don't see happening as quickly from your filing date and your 341 Meeting)... they are in violation of the automatic stay.

Get an appointment with your attorney immediately.

[sickandtired]

Thanks guys. I have not recieved anything at all saying they even asked for a relief of stay. I called my attorney and the paralegal said she didnt hear of anything and she wanted us to send her the papers to look over. I will physically see my attorney in 2 weeks at the 341. We were just hoping to get a few more months to get some more money saved up.

[newbie2]

Thanks guys. I have not recieved anything at all saying they even asked for a relief of stay. I called my attorney and the paralegal said she didnt hear of anything and she wanted us to send her the papers to look over. I will physically see my attorney in 2 weeks at the 341. We were just hoping to get a few more months to get some more money saved up.

It could be that the papers were drawn up prior to your filing (or within a couple of days) and the process server just got around to serving you with them. By all means though get them over to your attorneys office. If it's not a case of falling through the cracks because of timing then your attorney will know how to deal with it.

[sickandtired]

We filed for BK on 05/02 and they filed papers on 05/27

[newbie2]

We filed for BK on 05/02 and they filed papers on 05/27

Well then, it seems they had plenty of notice of your bk filing. Sick your lawyer on them :-)

[justbroke]

We filed for BK on 05/02 and they filed papers on 05/27

That's pretty much a willful violation of the automatic stay. Your attorney should be more aggressive. I would not wait until the 341 Meeting because the "answer" in the foreclosure proceeding usually has to be filed within 20 days.

Call the attorney's office and setup an appointment.