How long after 341 - Stay & Not Pay

[willdufauve]

I'm 6 months behind on mortgage and taxes, no desire to catch up, and will file no asset BK7 on April 30. Massachusetts. Assuming the bank will lift the bk stay, how long do I have before they can get me out of the house? 30 days? 3 months? Is it negotiable? Is the bk judge involved in that? Do state foreclosure laws and time lines apply after bk filing?

[LadyInTheRed]

The bank can petition the court for a releif from the stay. It's the judge that grants the relief if appropriate. Most Chap 7s go quickly enough that a bank is more likely to wait until your case is closed than it is to go to the trouble to file for relief from stay.

Once the BK is closed or the stay lifted, the bank has to follow the same foreclosure procedures as it would if there were no BK.

[willdufauve]

Thank you.

[davetedge]

btw, the average time in Massachusetts is 463 days from the day the bank files to foreclose.

Also, depending on who your mortgage is with, there may be a problem with the bank's paperwork and their ability to foreclose at all. If you research foreclosure and Ibanez in Massachusetts, you'll be able to read about how messed up things are in the mortgage industry.