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some good luck????? selling house in forecloser and is foreclosure legal?

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    #16
    well, got my discharge!!!!

    so what is going to happen to the house???

    the foreclosure sale is 4 days away, they violated the stay and I am discharged/case closed???

    what can/should happen???

    i stand to gain 10k if i sell it before the sale......

    but i am guessing the case would be re-opened..

    any ideas???

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      #17
      well, got word back from the attornet. since i chose to surrender house the lender has 45 days from 341 and then they terminate the stay and can do what they want.....

      at this point, i'd have to sell the house by 9/4 to win, and then, who knows what would happen with my case...

      it has been discharged and closed, and with attorney fees etc, even though they technically broke the law by not asking for the relief, I am just going to give up but I will call the lender to see if they will work with me...

      if they sale at foreclosure, they'll just get like 70k or so, losing 25l on their lown, but if i sell, they get paid in full, but with fees etc, i might make less than 5k....

      who knows.........

      i may just say screw it, it's not worth my sanity....

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        #18
        here is an update:

        the foreclosure sale was cancelled the day before it was to be held because the lender was in violation of the stay.

        my discharge has been granted as well and case closed!

        i now have till october at least to sell the house.....before the next sale.

        at this point, I have a signed buyers agreement, but i am waiting on the lenders payoff before i sign it. They said I should get that in the next few days. I can't believe it takes that long...

        i am assuming i am not responsible for the legal fees to this point because they are voidable. I say that also because before the lender was knowledgeable about my bankruptcy, they stated they would need to get the atty fees etc which would take a week or so. This last time I called, after they were notified of the bk, they said they couldn't give me a verbal over the phone quote but can fax in 3-72 hours....

        i am waiting on their fax before proceeding with my sale......

        it looks like I should walk away with at a minimum 2800, which is a far cry from the 10,000 i expected mainly due to the fact i forgot about the interest acrued since I stopped paying on the note and their atty fees etc etc.. I can probably come out with around 6k if i don't pay those atty fees and if interest is lower than i expect...

        better than nothing!

        i'll keep you guys posted....

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