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redemption period (michigan) after bankruptcy

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    redemption period (michigan) after bankruptcy

    Hi. (my question is in bold below, but I posted some background info)

    I am from Michigan. About a year ago, my ex-gf and I split. The house was in my name. And 60% of our household income walked out the door when she left. I knew, in all realistic terms, I could never afford to keep this house. Even if I could afford the mortgage, maintenance and repairs would destroy me financially. So I made the hard decision to let it go.

    I also had unsecured loans for a new roof and new windows. I happened to be unemployed at the time. So I consulted with a lawyer and he recommended Chapter 7 Bankruptcy. We went forward and my bankruptcy was discharged. Before this, I had a credit score of 798.

    I have not paid a payment on this house since last July 2009 and have still been living here, saving money (with now ruined credit) to pay for a lease up front when I go. Well, the foreclosure has now started. The auction sale is June 30.

    I've done some research on this and from what I can tell, there is a 6-month redemption period in Michigan. However, does this apply if I have already filed Chapter 7 Bankruptcy protection and had all my debt discharged? Because we listed the house as "forfeit" on those filings....

    So I am wondering, will I get the same 6-month grace period that other people (in Michigan) get? or do I need to get out sooner?


    Any help is really appreciated.

    #2
    I'm gonna call my bk attorney tomorrow and find out. We have a 6 month redemption period in Minnesota too. I'd love to have 9-12 months of savings for a rental property.

    Comment


      #3
      Originally posted by jsd View Post
      Hi. (my question is in bold below, but I posted some background info)

      I am from Michigan. About a year ago, my ex-gf and I split. The house was in my name. And 60% of our household income walked out the door when she left. I knew, in all realistic terms, I could never afford to keep this house. Even if I could afford the mortgage, maintenance and repairs would destroy me financially. So I made the hard decision to let it go.

      I also had unsecured loans for a new roof and new windows. I happened to be unemployed at the time. So I consulted with a lawyer and he recommended Chapter 7 Bankruptcy. We went forward and my bankruptcy was discharged. Before this, I had a credit score of 798.

      I have not paid a payment on this house since last July 2009 and have still been living here, saving money (with now ruined credit) to pay for a lease up front when I go. Well, the foreclosure has now started. The auction sale is June 30.

      I've done some research on this and from what I can tell, there is a 6-month redemption period in Michigan. However, does this apply if I have already filed Chapter 7 Bankruptcy protection and had all my debt discharged? Because we listed the house as "forfeit" on those filings....

      So I am wondering, will I get the same 6-month grace period that other people (in Michigan) get? or do I need to get out sooner?


      Any help is really appreciated.
      Yes, you still get the 6 month right of redemption. It only is accelerated if you abandon the home. Filing bankruptcy doesn't halt or alter the foreclosure laws in our state. Thank goodness.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

      Comment

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