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Please help - bank foreclosed a week after we filled chapter 7!!!

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    #16
    Originally posted by eener View Post
    Quick update -

    The judgement was vacated! The hearing for the motion to lift the stay will be on 11/13 and I doubt the court date for the new foreclosure judgement will be before January. It cost me nothing, all my attorney had to do was email the attorney representing the bank.

    We had our 341 meating this morning and everything went well. I doubt we were in front of the trustee for more than 3 minutes.
    that's great new and buys you some time. use it wisely! and the best of luck to you!
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #17
      How long after the bankruptcy, did you end up geting the stay lifted and when did you move. We were in same situation , Hubby is filing and hoping to stop summary judgement hearing.
      chpt 7 ,5-2009

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        #18
        We are still in the house!

        The hearing for the second judgement was on December 19 (stay was lifted on 11/13). The judge suggested I apply for a loan mod and the sale that was supposed to be tomorrow was canceled. The person in loss mitigation thinks that we will be able to get a loan mod for $900 a month. We don't "want" to live here, but we are so excited that we might be able to save our home until we are more secure and can choose when we move.

        We were also discharged on 12/19 and our credit scores and options for us have greatly improved. Filing for bankruptcy is the best decision we made in a long, long time.

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          #19
          Eener,
          Thanks for update, Our hearing is Feb 7, We paid the attorneyfees on Dec 21 , as he said my hubby could file a 7 , (which we reallly were shocked as we assumed he would have to file a 13). We never heard back from him for the final meeting, so we called and scheduled it for last thursday, nothing has been done, we were so upset. He made some excuse about his Son leaving the firm and him moving his office.
          Well he has our money, so file the thing. We luckly had his credit report with us, So we gave it to him and he claims he will get to working on it. ( I hope he is not having second thoughts about hubby filing 7, now that he has our money.) We explained we wanted it file b4 the summary judgement hearing on Feb 7 so the court could cancel the hearing until after the bankruptcy. He says do not worry it doesnt matter. We have time. We want as much time as possible, we hate our neighbors and want to move. But we have to say we are trying to save the house to get to claim our large house payment 2222, which help hubby past means test. We hope to stay here until summer by filing this. If Hubby chpr 7 does not make it thru, then we will dismiss it. He is too close to retiring to go into a 13 with a huge payback.
          THen we will just move and He will retire and file later. Just want to get it over.
          chpt 7 ,5-2009

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