Urgent!!! Need to stop a trustee sale tomorrow

[hotmama]

My house will go for sale by the trustee tomorrow - how do I stop it? I already filed a bk chp 7 once (Dismissed) to stop it the first time! But after it was dismissed it went back for sale again!!!

I need time to modify someone please help need your expertise!

[HHM]

I hate to say it, too far gone. Good luck finding an attorney willing to jump in the day before the sale, but apparently you really need (needed) an attorney.

All you can do is file a chapter 13 before the sale date. Why was the prior chap 7 dismissed? But if you had a prior 7 dismissed, your chapter 13 may not fair better.

Face it, the house is gone. Sorry.

[hotmama]

I need time to negotiate - can I refile or open the dismissed one?

[HHM]

Obviously you are behind on the 1st mortgage, which is why after the chap 7 the lender was simply able to reset the sale date...which means it was bad move to file chapter 7 to stop the foreclosure, you should have filed chapter 13. At least in a chap 13, you can propose a plan to payback the missed mortgage payments and buy time.

I hate to say it, but you pretty much screwed this up from the get go. With the prior chap 7, even if you refile a 13, at most, you buy yourself 30 days. (you will need to file a motion to get the automatic stay extended beyond the 30 day limit, but you need to have a good faith basis for why the prior chap 7 was dismissed, which, based on your other posts, you don't have). And you REALLY REALLY need an attorney. Keep in mind, during an "active" BK, the bank isn't going to negotiate a mod anyway.

If I were you, instead of throwing together a crappy 13 filing that will probably get dismissed anyway, start looking for a rental.

[hotmama]

I don't need a discharge and i am not looking for one! What i'm looking for its time! so a refile will give me 30 days or so. Thanks for the idea!

[HHM]

Good luck. I gave you what you wanted, an option to buy more time. The problem is, there is nothing you can accomplish with that time. If the bank hasn't given you a modification already, your chances of getting one are slim.

What is the back story here? Why did you get behind on your mortgage. Is the home in a negative equity situation, what is your monthly payment, how much monthly income do you have?

[hotmama]

I was making payments on time - I called the bank once to request a modification and they told me that in order to have/apply for a mod I had to be behind my payments to show hardship that there was no other way. I am a widow (which makes my financial situation different!) - and of course my mortgage is negative

[HHM]

What was wrong with the mortgage in the 1st place that it needed a mod. You still haven't answered the questions, how much is the mortgage payment supposed to be, how much income do you have.

At the very least, we can give you some insight about the practicality of what you are about to try.

[hotmama]

there is nothing wrong with the mortgage other than it is negative(the property has gone down at least half of what its owed) my income went down (but not considerably) I still have a job and can keep on making payments.

[AngelinaCatHub]

I was making payments on time - I called the bank once to request a modification and they told me that in order to have/apply for a mod I had to be behind my payments to show hardship that there was no other way. I am a widow (which makes my financial situation different!) - and of course my mortgage is negative

If you stopped paying the mortgage to "be behind" I shall assume you did not save those payments in escrow for this event. The best way to save your house now, is make up the payments immediately and beg for another chance. I feel it is too late as they now have money invested in bonding, auction, etc. and you may not be able to unwind this clock. 'Hub

[hotmama]

The original question was if I can refile bk (any ch) just to buy time - then look for another alternatives to negotiate - like a forensic doc audit?

[OhioFiler]

Multiple threads on the same topic won't increase the likelihood you'll get the answer you seek.

The filing fees associated with a C13 just to delay the inevitable for 30-60 days seems like a waste to me. Let the home go, you have negative equity anyway.

[hotmama]

So much negativity here!

[hotmama]

I guess no one knows the answer!

[Mi Bankruptcy]

It was not negativity. It was people trying to gather the most information to give you the best answer from people with experience. Just because you don't get the answer you want does not mean it is negative.