We received notice 3 weeks ago that our home was scheduled to be foreclosed on 9/17. We filed chapter 7 on 9/12 and stated that our intention was to surrender the home. We filed on the 12th (and borrowed money to do so) to halt the foreclosure.
I just did a judicial index search and on 9/20 a foreclosure judgment was entered.
I called my attorney and the paralegal said, "You are surrendering your home, what's wrong?"
Me, "I thought they had to have the stay lifted before they could foreclose?"
Paralegal, "It hasn't been sold; the auction isn't until the first Monday of the month. You don't have to be out of your house tomorrow."
Me, "We were trying to get as much time as possible and hold off the foreclosure."
Paralegal, "I will let him (the attorney) know."
Since I got nowhere with that and I'm FREAKING OUT I called the clerk of court. She informed me that they never received anything from my attorney stating that we filed for bankruptcy and our attorney would need to send over the paperwork. I asked if the judgment would be overturned and she said she wasn't sure, that the judge would have to look over everything.
Please give me advice as to what to say and to whom. I want to know what to expect. I thought that they couldn't foreclose and that this would hold that off for a few more months (so that we could save while my husband works as much overtime as possible). My attorney knew we were filing on the 12th to halt the foreclosure. 1-2 more months is not enough time for us to get out of our house without removing money from my husband’s 401k. I was hoping this would buy us until at least January and I was going to attempt a short sale or deed in lieu.
I'm completely overwhelmed and terrified! I have a 2 year old and we currently have no money, we gave everything to our attorney so we could file to stop this!
I just did a judicial index search and on 9/20 a foreclosure judgment was entered.
I called my attorney and the paralegal said, "You are surrendering your home, what's wrong?"
Me, "I thought they had to have the stay lifted before they could foreclose?"
Paralegal, "It hasn't been sold; the auction isn't until the first Monday of the month. You don't have to be out of your house tomorrow."
Me, "We were trying to get as much time as possible and hold off the foreclosure."
Paralegal, "I will let him (the attorney) know."
Since I got nowhere with that and I'm FREAKING OUT I called the clerk of court. She informed me that they never received anything from my attorney stating that we filed for bankruptcy and our attorney would need to send over the paperwork. I asked if the judgment would be overturned and she said she wasn't sure, that the judge would have to look over everything.
Please give me advice as to what to say and to whom. I want to know what to expect. I thought that they couldn't foreclose and that this would hold that off for a few more months (so that we could save while my husband works as much overtime as possible). My attorney knew we were filing on the 12th to halt the foreclosure. 1-2 more months is not enough time for us to get out of our house without removing money from my husband’s 401k. I was hoping this would buy us until at least January and I was going to attempt a short sale or deed in lieu.
I'm completely overwhelmed and terrified! I have a 2 year old and we currently have no money, we gave everything to our attorney so we could file to stop this!
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