Need quick help!!!

[sickandtired]

Obviously I would call my attorney, but its the weekend and she's not in. We just got a notice today that our house is going to auction on 7-20. We have not even had our 341 meeting yet and at right now is in the process of being rescheduled (cancelled last month due to attorney not being able to make it.)

We have already received notices that we were in foreclosure but never anything was recieved saying they filed to have the stay lifted (I assume we would have gotten a notice for this?) We had planned on moving out as soon as we could, but have had trouble finding a rental in our price range (had one but it didnt work out.)

This auction is 13 days away????? Right now we are not even half packed and still saving up enough for rent and security deposit...what the heck can we do to stop this? How long can we technically stay after the auction date? I really thought we would have longer than this. We filed for BK on May 20.

[brokejoker]

Yikes! I'm not sure of what the process is but it does seem like they would have had to contact you in some way. Try to relax and get through the weekend. Call your attorney first thing Monday. Dollards to donuts this can all get straightened out with a phone call on Monday.

[BobMango]

If they filed for relief of stay it would be reflected on your case in PACER. That would be the quickest way to see if they have filed and can proceed or simply have missed or ignored the bankruptcy filing.

[justbroke]

If you have PACER then check on PACER for a Relief from Stay motion. If not, you should be contacting your attorney on Monday. The lender may not have received your bankruptcy notice. The lender can proceed with foreclosure if they have requested and have been granted relief from the automatic stay.

What State are you in? Was the foreclosure already in process before you filed?

[sickandtired]

I checked on Pacer and dont see anything, but IM new at this and not really sure what im looking for. I know I never received anything in the mail from them about it. I will be calling my lawyer first thing tomorrow but basically I think she will just say, you knew it was coming and you have to go anyway, so I dont think there is much she will do. We did know it was coming and were planning but thought we might have through August to get moved. We are desperately trying to find a place but around here there are very few houses in our budget and lots of potential renters it seems. I really dont know what we are going to do if we dont find something very soon. We are in MD

[avmarathe3]

Find out the state law for foreclosure in your state, see the requirements for communicating the foreclosure notice to the homeowener. In Nevada the recording of the foreclosure must be communicated to the owner by certified mail with return receipt.

[norcal]

We had the same thing happen to us (we had already file CH 7) and we had not had our 341 meeting either. I called Wells Fargo and advised them of our filing for bk. I did have to go through two people who didn't understand what the automatic stay meant, but finally the third person understood. She asked for our case number, pulled it right up and everything was taken care of. We haven't heard from them since and that was about two months ago.

[justbroke]

As I wrote earlier the lender may not have been notified. I would start there. Also, if you have a Deed of Trust with a Power of Sale clause then, in Maryland, the lender can use the ever-so-fast Trustee Sale which happens in 30-60 days rather than months.

So, the first is, do you have a Mortgage or a Deed of Trust. Second, go find out if the lender even knows that you filed Bankruptcy.

[justfiveofus]

A couple of things... number one there's still a chance that they will reschedule it (the autction). Ours was rescheduled twice. Second, even if they sell it then the new owner still has to go through eviction proceedings to get you out (whatever those are in your state). Definitely call your lawyer on Monday so you don't make any hasty decisions!

[justbroke]

DO NOT GET EVICTED! You will have difficulty renting through real estate management companies or other apartment companies forever! An eviction is the worse thing. Foreclosure is nothing compared to an eviction. An eviction is a legal action taken when you refuse to vacate a property.

As a former landlord and user of Tenant Verification Services (TVS), I will tell you that we are instructed to never rent to a person who has been evicted. TVS is a "credit reporting agency" that handles reporting of how you handled things. They especially track evictions which are public records.

I agree with the don't make hasty decisions, but also, don't jeopardize your ability to rent.

[justfiveofus]

If you're so far behind on your mortgage payments that it's being auctioned then you're screwed any way, you'll have to put a larger deposit, maybe take something that you don't really WANT for awhile.

My aunt and uncle got evicted several times and never had a hard time getting a new place, other than having to put extra cash down.

The point was that really, it's not 13 days, they have to wait X days before they can send you a 72 hour notice...sometimes they'll even allow you to pay rent and just live there. THEN they can start the eviction proceedings. Call your lawyer!