served papers tonight...

[seriously]

well a nice man just came to the door and served me with ?foreclosure papers (I guess that's what you call them). He said to call my lawyer in the morning, and I will, but I am freaking out a little b/c I asked him if he had any idea how long I had... he said if I "answer" the papers, it can be up to a year, but if I don't answer, it could be just months. I was hoping (planning) to move in April 2010, but "months" to me = Jan or Feb. I'm in NY state. My chapter 7 was discharged about a month ago and the house was included in the BK.

My questions are: will there be any reason to "answer" the papers if the house has been surrendered in the chap 7; and, if I don't answer, does anyone know how long I might have, total? i.e. I guess the house will be sold at auction--do I get 30 days after that? I know these are all questions for my lawyer, but that's 12 hours away and I am anxious... Thanks for any advice!!

[DeadManCrawling]

What state are you in?

State law determines foreclosure, but if you were discharged of the debt in CH 7 that can change things a bit.

February or March is still a reasonable expectation, depending on the state you live in. In a judicial state, which it appears you are, or they would probably not have served you, the process can go for a very long time.

I am in FL and my attorney today told me that, though I stopped paying a year ago, we're probably looking at 6-12 months more. I am hoping it will be sooner, since we want the place gone.

Answering could delay things, I suppose, but there are other factors. Since this debt was discharged, I wonder if you can actually assert any defenses, legally, that a court will accept. Might buy a month trying, so it could be worth a shot.

On the other hand, if you DO succeed in delaying the matter, it could be delayed for a year or even three. Do you really want that? If you have HOA fees and high costs of living there in utilities, hoa and so on, this could be an unwelcome outcome.

We are sort of wrestling with the same thing.

We'd like the lender to time it all to fit what we would prefer.

That almost never happens. It is usually too fast or too slow.

Good luck, but I bet you have until Feb anyway, especially factoring in the holiday season and court closures.

[seriously]

hi deadman, thanks for the reply!

I'm in NY. I too kind of figured it would take forrrevverrr, but the server telling me "months" was what wigged me out. Of course--I didn't ask HOW MANY months. 2? 3? 6? 8? I've not been paying since May 09 so far, I think.

We'd like the lender to time it all to fit what we would prefer.

Lol! Absolutely. I mean, I'm freaked about "too soon"--but at the same time, I am moving far away (to the midwest), and of course would like the whole deal done and tied up in a neat little package when *I* choose to go! ;) And, you are correct--it doesn't make a lot of sense to slow the process down, b/c although I'm not quite prepared to move *tomorrow*, I *could* be prepared to move as early as Jan if need be (was trying to avoid moving in middle of winter, but whatever)--and I don't really relish the idea of owning this place for years after I leave.

I've also read all kinds of different things about how long I would have to get out after the sale--I've seen 90 days, 30 days, THREE days ... so I'll try and get that nailed down, as well.

thanks again! I will post back with what my lawyer says for those who may find it useful/interesting.

[seriously]

An update for anyone interested.

My lawyer said do not respond to the summons, since I do not want to drag the FC out (besides, I guess really have no basis to respond since I surrendered the house in the BK: to me that would be like saying hey, here's your house back, and when they say ok cool, we're gonna take your house back I say WELL WAIT HANG ON NOW, lol. I don't want the friggin' thing!). The summons included my Pacer report, and lawyer said that was good b/c it shows they understand that the house is incl in my chap 7 and that I will not be required to pay any negative balance after the sale.

The next step will be, I will receive a notice of sale. I can appear at the sale, or not, doesn't matter (I'm not gonna). After the sale, they will set a hearing date for eviction. At that hearing, I could go and request more time to move out, but who knows if they would agree, so I'm not going to bank on that as a viable option.

She said I should be prepared to be completely moved out a month after the date the notice of sale gives for the auction. The auction may get postponed, but that's yet another thing nobody can predict. She has no idea when I will receive the notice of sale, but things seem to be chugging right along, so I will be expecting it within a few months. It's good to know I will have 30 days notice, though.

Hope this may be of some help to someone. I'm in NY state.

[AngelinaCatHub]

Well, figure it this way, you gave up the place, you are unencumbered, you plan on moving anyway, so what is the problem? You will more than likely have two months. In fact after a suit to evict you may have even more. You could even go to the Judge (through process) and ask for additional time.

You don't have a problem. You are going to do fine. 'Hub

[seriously]

thanks 'Hub for laying it out for me plainly... You're absolutely right. I *don't* have a problem, and I *will* do fine. Tons of people have SO much more trouble than I have had with this whole situ, and I consider myself very lucky. I'm just a very anxious/control freak type and I want to PLAN! and PLAN! and PLAN! to the nth degree. But I just need to take a chill pill and start packing... slowly... and calmly. ;)