After you have received the complaint from the court how long does it take to go to sheriff sale..........I just want this to be over
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This is very specific to what State you live in. Without knowing your State, we can't even venture a guess. And, it will be a guess as this process has been elongated by the state of the market.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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From my paltry research... I would say it's 3-6 months to receive a judgment, from the time the summons (pre-sale complaint) is served on you. It may take longer to complete the sale based on who your lender is and/or how motivated the lender is to foreclose.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Some lenders do not want your house, and will do what they can to avoid taking it back. Or it could be the servicer, the company you actually write the check to, who then sends the money to the actual lender or investor.
We stopped paying last January in FL and our FC just got under way. We filed CH 7, and hoped the lender would file for Lift Of Stay and get things moving, so we could get the house out of our name.
No such luck.
At least so far.
We live in Florida, one of the foreclosure centers. We also live in an HOA with excessive fees and requirements. So, the bank is less interested. They would take back a home that has a mortgage of 400k and is wirth maybe 200k. And they would have to start paying the HOA fees.
Our attorney says homes like ours are now running as long as three years to sale date. And that often gets cancelled or delayed. We could be in for the long haul. Which is too bad, since we are moving in a couple weeks.
We will have to pay all those HOA fees until the FC is done.
Every lender and state is different. And, really, every property is different in the lender's eyes.
Screwy situation.11-20-09-- Filed Chapter 7
12-23-09-- 341 Meeting-Early Christmas Gift?
3-9-10--Discharged
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Originally posted by smiley09 View PostAfter you have received the complaint from the court how long does it take to go to sheriff sale..........
Why do you want it to be "over"? Are you depressed with the situation you are in? Right now, you are living "rent free." That is a situation that may well continue for quite some time - especially if you contest the suit and demand that the lender prove they are the Holder of the Note (even chance that they are not). Perhaps 40% of all foreclosures are being done by plaintiffs who have no legal right to file suit. If those claims are unopposed, then they usually (not always - see Judge Schack in Brooklyn, NY) prevail. If opposed, it takes "forever."
If you are genuinely depressed (and you sound it), then have some counselling. Depression is utterly debilitating. My very best wishes to you.
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