No Sheriff's Sale and Status=CLOSED?

[backontrackOH]

Please help. The last entry on the court's Web site shows...

06/12/2007
ORDER OF SALE FILED AND ISSUED TO SHERIFF ORDER OF SALE Sent on: 06/12/2007 07:38:14

Up until recently, the CASE STATUS has been OPEN. Sometime early last week, the status changed to CLOSED. Our chapter 13 bankruptcy was filed on July 26th, but I could swear the status changed even days before the filing. What does the CLOSED status mean? Would it be closed due to the filing? In anyone has any answers, please reply.

[backontrackOH]

Does anyone have any idea what this means? Please help!

[HHM]

I am assuming that this is a judicial foreclsoure, correct? (I don't know off hand if Ohio is a Judicial foreclosure state).

In any event, I would imagine that an Order of Sale from the court would be the last step involved in getting a foreclosure for the creditor, so there is nothing else left to do in court, so the case closes. After all, the whole point of doing a foreclosure is for the bank to get the right to sell the house. (but, I am just speculating). Once, they have the order of sale, the bank simply sells the house at auction, and if the house does not sell at auction, the bank takes the house in inventory as a REO.

If you filed BK, that means no sale can take place until the bank lifts the automatic stay.

[Minnymouth]

Are you saying that your in a Chapter 13 payment plan and your CASE STATUS is saying CLOSED????

Or are you saying foreclosure sale was issued on 6/12 for the Sheriff to sell the property?

Where are you seeing CLOSED at???? In your history/documents or case status?

If in your history/documents its probably pertaining to the foreclosure...... not your Chapter 13 payment plan....

Keep us posted.....

[backontrackOH]

I am seeing the CLOSED as the Case Status. I know of a former neighbor who went through this process several years ago (2000). I have been peeking at his records and the court docket followed his foreclosure through the Order of Sale, appraisal, Notice of Sale, Proof of Publication, and record of sale. I don't know, though, if he filed a chapter 7 or 13 bankruptcy, or if that would make any difference.

[spell]

What does your attorney say is happening?

What was the Sale Date on the home?
Was the Ch13 filed before that?
Was notice of the filing sent to the foreclosure attorney?

[backontrackOH]

Case Moves On

Our Case Status still show as CLOSED, but things are now moving foward once again. Here are the latest entries in the court docket...

08/09/2007
APPRAISER REPORT FILED BY Smith & Smith; $204,000.00 Receipt: 551068 Date: 08/09/2007
08/10/2007
ORDER ENTRY WITHDRAWING ORDER OF SALE; SIGNED BY JUDGE Smith
08/13/2007
ORDER STAYING PROCEEDINGS (BANKRUPTCY) FILED SIGNED BY JUDGE Smith

It appears as if the delay was due to the appraiser taking so long to file the appraisal report. No sale date has been set. Our Chapter 13 was officially filed on July 26, which I assume caused the second entry above, withdrawing the Order of Sale. And I also assume the third entry is the official stay. Our first mortgage holder has already filed for relief. We received a letter from the court stating a date of Sept. 5 for the relief to be heard. CAN I assume that the sheriff's sale can't even be scheduled until after Sept. 5th? After the sale of the home, is there a law the details how quickly we have to vacate the home? Does the new owner (most likely the bank) have to give us at least 30 days? Thank you for your time and input!

[Minnymouth]

Most will give you 30 days to move, though some will push for 10............... Sometimes they want you out before the auction...... Just depends on your Trustee, bank, and your District....

Keep us posted.