Ch7 and Foreclosure with BOA in Florida
Filed my Ch7 on 11/8/2010 and had my 341 meeting on 12/28 so I am in the 60 day club (no asset case). YAE!!!
How long before they foreclose on my home since I surrendered it in my CH 7? Situation below....
I have not made a payment on my home since 9/2009. I was served with notice of Lis Pendens from BOA on 1/7/2010. I hired a lawyer to fight the foreclosure and he has been doing so. The last status was 10/27/2010 when they had a telephone hearing to determine what the next step was. The outcome of the 10/27 hearing from my lawyer:
This means that we have answered on your behalf and served the bank's attorneys with interrogatory questions and requests for production of documents (referred to as discovery). Now, the bank’s attorneys cannot move the foreclosure case forward until they have complied with our discovery requests. This process typically takes 60 days to 90 days (or even longer if they ask for an extension of time). Meanwhile, while the foreclosure is stalled.
My ? is....I have now filed the Ch7 and included the home as being surrendered. Since BOA already started the process prior to my filing, do they have to start all over or will they ask for the stay to be lifted and then kick us out without having to answer the interrogatory questions from my lawyer? The house is way underwater.
I just dont want to get a notice giving me 3 days to move out or something. Any clarity would be much appreciated.
How long before they foreclose on my home since I surrendered it in my CH 7? Situation below....
I have not made a payment on my home since 9/2009. I was served with notice of Lis Pendens from BOA on 1/7/2010. I hired a lawyer to fight the foreclosure and he has been doing so. The last status was 10/27/2010 when they had a telephone hearing to determine what the next step was. The outcome of the 10/27 hearing from my lawyer:
This means that we have answered on your behalf and served the bank's attorneys with interrogatory questions and requests for production of documents (referred to as discovery). Now, the bank’s attorneys cannot move the foreclosure case forward until they have complied with our discovery requests. This process typically takes 60 days to 90 days (or even longer if they ask for an extension of time). Meanwhile, while the foreclosure is stalled.
My ? is....I have now filed the Ch7 and included the home as being surrendered. Since BOA already started the process prior to my filing, do they have to start all over or will they ask for the stay to be lifted and then kick us out without having to answer the interrogatory questions from my lawyer? The house is way underwater.
I just dont want to get a notice giving me 3 days to move out or something. Any clarity would be much appreciated.
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