Sale Set for Wed... But I don't know if

[BKFOURAB]

Ch7 final discharge was in April. Foreclosure Sale is set for Wednesday, at 10 a.m., Adams County Colorado. Everyone tells me this first date will get changed and I will get a 60 day extension. I have received no such notice. Due to the liability issues, we will stay until we see the judge swing the gavel. I plan on loading the U-haul on Tuesday, parking it in the street, and attending court for the sale.

If the sale date is changed, I intend to move some furniture back inside the house (one bed, one tv, some dishes, clothes) and continue living here. The majority of boxes/furniture I will put in storage so we don't have to pack it up again. I have not yet contacted the utilities for disconnection.

MY Questions:
1) If sale does not occur on Wed, the 7th, can I move back in?
2) Other than attending court on Wednesday, is there a way to find out if the auction date has been changed?

Thank You for sharing your knowledge. This site was helpful during the BK process and I wish I had known of this forum prior to even beginning the Ch7 - - Kevin & Kathy

[JoeBankrupt33]

I would plan to move. I foreclosed in Jefferson County after my BK. I wasn't trying to buy more time in the house, though. The house sold on the scheduled sale date. I may have been able to wait to be evicted, but I don't know.

There is a lot of confusion in CO because the foreclosure laws changed in Jan/08. Before that, people had a 75 day redemption period after the sale, where the debtor could stay in the house. If they didn't redeem in the 75 days, then the auction winner would get the property and evict you. This redemption period no longer exists.

[HHM]

If you move, stay moved.

I wouldn't count on any extension. As I understand it, foreclosures in CO are conducted by a public trustee for the county. I would imagine you could go to the Adams County Web site and look up your foreclosure, or call the public trustee's office for Adams county.

[BKFOURAB]

Yes, public trustee is appointed. I called assessor's office - to date, the lienholder has not filed a bid (Wells Fargo). My moving help all bailed. There is no way we can get our stuff out in time. - Kevin

[JoeBankrupt33]

I found this somewhere else, and it talks about the post-foreclosure process in CO. Anyhow, it is what I expected - the bank needs to evict you, and that takes a little time. Sometimes, I've heard that the bank moves slowly too.

http://www.justanswer.com/questions/...-colorado-bank

[HHM]

Whether and how long they take to evict you is anyones guess. The person that usually evicts is the real estate agent that gets appointed to sell the property. I have seen people get the notice of eviction within 10 days of the foreclosure sale date, and some stay in their house for several months.

[BKFOURAB]

HHM- I understand your rationale for "move and stay moved" without any explanation. I intend to move, this week, but I must have help as I am disabled and unemployed - - I can't do it all myself, I can't afford to hire help, I have no relatives within 900 miles of me. I am 55, my wife is 50. We can't exactly run a 3 minute mile.

Joe - I thought about paying "just answer" to answer my question last night. I am relieved that you posted the link. I don't want to stay here anymore, I hate the neighbors, the location, etc.,but I can't get all the way out until this weekend. I can barely walk right now just from the packing and moving we've done. We rented a storage bldg. for our stuff until we find another place. I will have a big garage sale AFTER we move. Right now, crunchtime is getting everything out - - on a very limited budget. I was not disabled when we moved in - - 7 years ago. I was healthy and working 2 jobs. 18 months ago, I was stricken with a neurological disorder. Walking is now an effort. Standing erect requires several minutes when I get out of my chair. Hence, the Ch7, yada, yada. Anyway, I appreciate your empathy.

What's the worst that can happen if the sheriff evicts me? They get to put my raggedy belongings on the curb? So what. They gonna sue me? For half of my unemployment - - which ends this week? This was our first taste of the American Dream of Home Ownership, and our last. We rented all our lives, and liked it. Didn't like the neighbors? We moved. Didn't like the house? We moved. Didn't like the HOA, we moved. When you own a house, it ain't that simple.

The part that distrubs me most in this BK & foreclosure: I had a rookie attorney. He let the trustee steamroller me. Never one objection. Never answered/answers my calls. Essentially, I've been hung out to dry. The only knowledge I've received was from this forum. Before anybody says: "Call the Attorney Regualtion Council in Colorado", I say to you: "Please, be logical. The regulation counsel is a fox guarding the henhouse. A joke. The only lawyers they can bust or are even concerned with are the ingorantly egregious ones". - Kevin

[All Cash]

HHM- I understand your rationale for "move and stay moved" without any explanation. I intend to move, this week, but I must have help as I am disabled and unemployed - - I can't do it all myself, I can't afford to hire help, I have no relatives within 900 miles of me. I am 55, my wife is 50. We can't exactly run a 3 minute mile.

Joe - I thought about paying "just answer" to answer my question last night. I am relieved that you posted the link. I don't want to stay here anymore, I hate the neighbors, the location, etc.,but I can't get all the way out until this weekend. I can barely walk right now just from the packing and moving we've done. We rented a storage bldg. for our stuff until we find another place. I will have a big garage sale AFTER we move. Right now, crunchtime is getting everything out - - on a very limited budget. I was not disabled when we moved in - - 7 years ago. I was healthy and working 2 jobs. 18 months ago, I was stricken with a neurological disorder. Walking is now an effort. Standing erect requires several minutes when I get out of my chair. Hence, the Ch7, yada, yada. Anyway, I appreciate your empathy.

What's the worst that can happen if the sheriff evicts me? They get to put my raggedy belongings on the curb? So what. They gonna sue me? For half of my unemployment - - which ends this week? This was our first taste of the American Dream of Home Ownership, and our last. We rented all our lives, and liked it. Didn't like the neighbors? We moved. Didn't like the house? We moved. Didn't like the HOA, we moved. When you own a house, it ain't that simple.

The part that distrubs me most in this BK & foreclosure: I had a rookie attorney. He let the trustee steamroller me. Never one objection. Never answered/answers my calls. Essentially, I've been hung out to dry. The only knowledge I've received was from this forum. Before anybody says: "Call the Attorney Regualtion Council in Colorado", I say to you: "Please, be logical. The regulation counsel is a fox guarding the henhouse. A joke. The only lawyers they can bust or are even concerned with are the ingorantly egregious ones". - Kevin

Well you have my empathy, for what it is worth. But, when the sheriff deputies comes to evict, they remove you from the home, not your property. Anything left after the eviction is the person that bought your foreclosure personal property.

Some deputies may allow you to remove some of your stuff.

[NoMoreCards]

My understanding is just like All Cash said above. The sheriff will evict you and NOT your belongings. You will then be locked out, and unable to retrieve your things if that is how they want to do it. It is their choice, and not a situation you want to be in.

I hope this does not happen.

[JoeBankrupt33]

My understanding is just like All Cash said above. The sheriff will evict you and NOT your belongings. You will then be locked out, and unable to retrieve your things if that is how they want to do it. It is their choice, and not a situation you want to be in.

I hope this does not happen.

Laws are different all over the country. In Colorado, the Sheriff actually removes the tenant and the property. All the property goes to the curb. If I ever face eviction, I'll show up with a truck, so the Sheriff gets to move all my heavy furniture out for me (just kidding).

I had a rental home in Texas, and the laws are quite different. There, the Sheriff is there only to supervise the moving company that YOU hire to move the tenants stuff to storage that YOU pay for. You can never put stuff on the curb.

[BKFOURAB]

I talked to an attorney today, the attorney whom I should have hired. He said that technically, I must be out when the property changes hands, and to expect the sheriff to show upand ask me to leave. Sometimes, the sheriff can see good intention and give you a day. It's all I need.
As for the sheriff being responsible for unloading my stuff to the curb, I didn't ask about that. Joe could be right, I don't know.

But the realtors were swarming my street today. Orig sell price was $226K, lien is for $215K. So the realtors must assume the place to be in good shape and somebody is going to bid on it. The bank has not placed their bid. I suppose they can do it tomorrow.

[BKFOURAB]

I just came home from the foreclosure auction. Although I "didn't count on it", good fortune was bestowed upon me. While I was talking to one of the clerks before the auction started, a fellow overheard my conversation. He called me over and said: "Kevin, here's how it works. I buy 3 or 4 properties EVERY MONTH. I have to evict people all the time. Your place is listed at $159K with a $73K deficiency. If nobody bids higher than Wells Fargo, then WF gets to keep the house. Did you file BK?" I said yes. He (let's call him Jay)said "Then they won't come after you for the deficiency". Jay added, "You do not have to move until you are served with an eviction notice from the sheriff. That will take a couple weeks because the new owner can't evict you until THEY HAVE DEED IN HAND, and that will take however long because the system is backed up on the county's end. After they have deed in hand, then they can serve eviction notice, but they might not be in any hurry to do so . . . for a number of reasons . . . including the fact that the attorney handling the case for them wants to keep them on the clock". He then said, "Go home, I will call you and tell you the outcome for your property after the sale . . . and that's gonna take a few hours."

So, eventhough the letter of the law might/does say (I doubt that it does) that the new owner is owner immediately, they are not the new owner until they have deed in hand. And, they might not get deed in hand for some time, especially if there are any complications of any kind. (I'll spare you the details/complications that Jay explained to me, and they were many).

So JoeBankrupt33, I think you have it right. And the link you gave me (posted in your response) from the "justanswer" attorney is right. And if not, this is at least how it actually plays out. And I forgot to ask Jay whether the sheriff is the one who carries your duds out to the lawn. I will ask him today when he calls, if I remember, because I am happy enough and preoccupied with actually knowing what happens next, and next, and next.

We have moved 80% of our belongings out. We will keep one bedroom, one TV, and the computer here, and wait until we are served with actual eviction papers. We have a couple weeks to find a place we can afford. One more thing, Jay said sometimes he even gives the tenants "a couple hundred bucks if I know it will get them out quicker because most don't have the money to even rent a uhaul". And he knows several realty companies that do the same. - - Kevin