Timeline after relief from stay is granted

[prestonat]

Thank you for reading (and responding) to this post. Much appreciated.

In chapter 13 and the mortgage (bank) company was granted a relief from stay by the court. Simple question please:

What is the timeline? How long until we need (are required) to vacate the property. We are in California. Thanks.

[justbroke]

In chapter 13 and the mortgage (bank) company was granted a relief from stay by the court. Simple question please:

What is the timeline? How long until we need (are required) to vacate the property. We are in California. Thanks.

It really depends on how far you were through the process before filing Chapter 13. I don't know California law specifically, but most allow the lender to "pause" the underlying foreclosure action. Then, when the relief from stay is granted... continue where they left off.

So, if you were already had a sales date set prior to filing, then expect the sale to be quick(er).

If you haven't even received a notice of default prior to filing, then you have at least 3-4 months and maybe even more if you were never behind (the first 90 days).

In the end, it all depends.

Start making plans to move, but you can stay until you get the notice of the sales date or lawsuit. At that point, you would want to make haste. Again, the timing depends on where you were in the process prior to your Chapter 13 filing.