Trustee sale set for before I can file

[jimnbene]

Got a call from a lawyer (not my BK lawyer) that wanted to "help" stop the trustee sale. Got a notice of default that was filed on October 6, 2009. Which means that 90 days was January 6th. From a country records search, I found that the sale notice was filed for on Jan 6th, with a sale date of January 21st.

I can't file CH7 until Feb 1st as I received too large of a final paycheck in July and I need to not have the income show.

What is the effect of the sale before by CH7 filing? I was not keeping the house ... about $250K under water anyway.

Got a call into the BK lawyer (fees fully paid), but I was interested in seeing the comment of people here also.

Thanks in advance.

[HHM]

If you are surrendering the house, there is no problem. Relative to the BK, it doesn't matter when the home forecloses.

[jimnbene]

Thanks for the quick reply. I sort of felt that was the case. I wonder about the deficiency and how long it will take the lender(s) to get to me with a claim of an amount? I guess as long as the asset is listed with all known amounts owing, any deficiency would be covered as part of the BK.

No reply from my BK lawyers office yet.

If you are surrendering the house, there is no problem. Relative to the BK, it doesn't matter when the home forecloses.

[HakunaMatata]

Many lenders don't even pursue deficiency judgments; and, some have placed a moratorium on issuing them. If you're filing BK, you don't have to worry.

[sofarsogood2]

We got alot of offers for "help". Some in the mail, some stuck in the fence, some on the phone. Most probably didn't want to help as much as they wanted to empty my wallet. JMO