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Stop/Delay eviction after Foreclosure?

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    Stop/Delay eviction after Foreclosure?

    I live in Georgia and I feel we've been railroaded into a foreclosure. Our house has been on sale since March and we thought the HAFA program designed to encourage short sales would help avoid foreclosure (I BK'd ch 7 last November). In May our agent had a contract as well as a backup contract. She presented the bank (ING.) the contract but apparently they never stopped the foreclosure proceedings and 1 week before the sale date they said no to the contract without a counter.. just "No". The buyer improved the offer from 360k to 375k (400k appraisal) and the guy at the bank said "I will look like a fool taking that up there".

    The back up contract could have been put together but they needed to have it that day (Friday before Memorial weekend) or else the FC for June 1 would proceed. So yesterday my wife went to the courthouse and could not find the guy offering our house. She was amazed at the disorganized fashion in which these auctions are conducted. The guy could have driven by, offered, and sped off for all we know. While she was still there, I call the Bank and I am told they bought it for 402k. Now I have an FC on my credit report, My agent that worked so hard on this is quite upset.

    My question is was the bank required to follow the HAFA gudelines set on April 5? They say they have no Cash for Keys program but I am thinking of a way to get more time at the hearing as my staying in the house is my only leverage against the bank.

    #2
    Originally posted by Nubeginning View Post
    My question is was the bank required to follow the HAFA gudelines set on April 5?
    HAMP, HAFA, HOPE and all those four-letter-acronym Federal programs... are all voluntary. Remember, they are guidelines, not rules.
    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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