341 done, getting letter about relief for auto stay

[momisery]

my attorney called today and left a VM that now the bank that has my residence is filing a motion to lift the Automatic Stay. I thought this would happen after the BK was dismissed? We should have the letter this week with a court date on it. We are giving the house up. How long do I have in the Ozark MO area before they actually send me a letter to get out? I am expecting this, but I need to plan for a move and find a place. Can you find a place before your discharge?

[HakunaMatata]

It's quite common for a mortgage lender to motion for Relief from the Automatic Stay prior to discharge. In your case (surrendering the property), this will permit the lender to commence or continue the foreclosure process. Your lender will follow MO foreclosure laws. I'm unfamiliar with MO foreclosure laws; although, understanding these will aid in better assessing your timeline. Yes, you are permitted to find a place to live prior to discharge.

[desertgrl74]

I received a letter a couple weeks ago to lift the stay on my condo. I don't have to go to the court date...thank god! I was so scared. And I also got an apartment and got approved. It totally surprised me! With filing a chapter 7 and not being discharged yet. Just be honest and upfront with the property manager. You will find one that will work with you. Especially if you find one that you really want, tell them your situation and they will work it out somehow.

[momisery]

We hate to move before we have too as we are saving up money of course. We did rent a storage center thinking that our next place will not have a garage more than likely. And we are putting things in there to help lessen the load when we move. I thought you had more time from what I have read on this board, but it appears that is a state by state issue too. We just had t he 341 two weeks ago and I thought January would be about the time frame that we would have to move. I guess once they get the stay lifted that they will be in court and kicking us out within the 20 days. With the empty houses you would think the banks would want someone keeping them up and paying the utilties thru the winter at least. But the banks are not reasonable about these sort of issues that is for sure.

[HakunaMatata]

Desertgrl-

Congrats on finding a new place!

Momisery-

Do you have an attorney? If so, I would inquire about your timeline with him/her. Ask about judicial or non-judicial foreclosure (the latter tends to be the most common), sale publication, and redemption. These processes can contribute to time in the home contingent upon MO foreclosure laws.

I know these steps aren't necessarily easy (I, too, am awaiting the commencement of foreclosure). Try to remind yourself this is a step in your financial recovery process. Best of luck to you!