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notice of sale 10 months after discharge

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    notice of sale 10 months after discharge

    Chpt 7 filed in 8/10 discharged 12/10. I live in minnesota, own a home in nebraska. I filed under ne law as i had not lived in mn long enough I -paid into the trustee for our 'non-exempt' assets a car, and the home. I filed my wife did not. The house is worth maybe 210 and I owe 205. I rec'd a notice of sale this week and have no clue what is going to happen the attorney that filed for me is no help. Any help

    #2
    Do you know if your "mortgage" is a Residential Mortgage or a Deed of Trust? Regardless, since you are at the Notice of Sale, you are probably 30-60 days away from the sale of the property. There is no real redemption period so the next thing that the buyer (or bank if REO) will do is seek an eviction order if you're not already out.

    Your bankruptcy attorney is not going to help you since this is a foreclosure and not related to bankruptcy. How did you end up paying for "equity" in this home that is now being foreclosed upon?

    You are probably too far in the process to stop the sale... especially if this is execution of a power of sale clause from a Deed of Trust. Didn't your (bankruptcy) attorney explain to you that if you don't pay and keep current that you'd lose the home?
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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