How long can I stay in my house after bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

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How long can I stay in my house after bankruptcy?

How long can you stay in your house after bankruptcy?

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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It depends on how motivated the bank is in moving along the foreclosure. Many people are living in their homes for over a year without payment.

Answer Applies to: Indiana
Replied: 9/29/2011

Answer By Ron Salas
The Salas Firm
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If you are current on the payments forever, if you are not the answer varies depending on your situation from between 90 days to a couple of years.

Answer Applies to: Colorado
Replied: 9/26/2011

Theodore N. Stapleton, PC
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Depends upon how fast the mortgage company acts to lift the stay and foreclose.

Answer Applies to: Georgia
Replied: 9/26/2011

Answer By David VanDyke
Bird & VanDyke, Inc.
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If you are not making payments on your home the amount of time you can stay in it will depend on what stage of foreclosure your home is in. This is the same whether you filed Bk or not. The filing of BK will slow the process down but ultimately the bank must still go through the foreclosure process. This process begins with the recording and serving you, usually by certified mail and regular mail, a document call "Notice of Default". After this a 90 day period must expire and you will receive another documents call "Notice of Trustee's Sale". This doc will have an actual date where your home will be sold on your local courthouse steps. It has to be at least 21 days notice though it usually is more. Even after this date the new owner or the bank must treat you as a tenant. They cannot just come and tell you to leave. Usually they will contact you and try to work something out as to when you will leave the home.

Answer Applies to: California
Replied: 9/23/2011

Answer By Kevin Heupel
Heupel Law
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You have at least 60 days after filing bankruptcy to stay in your home. After that it depends on whether your home was in foreclosure prior to filing bankruptcy. If not, then you will get four months notice of any sale date from your county trustee. If the home was in foreclosure prior to filing bankruptcy, then it vary as to when the foreclosure will resume.

Answer Applies to: Colorado
Replied: 9/23/2011

Bankruptcy Law office of Bill Rubendall
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Filing bankruptcy does not mean you have to move out of your house.

Answer Applies to: California
Replied: 9/23/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
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Colorado foreclosure after bankruptcy (assuming you are in default on your 1st mortgage obligation) is the first step the mortgage company must take before they can evict you from your home. If no foreclosure is pending you may remain in your home indefinitely. Once the foreclosure starts pay attention to the sale date, it is usually a good idea to vacate the premises before that date. If you stay beyond the sale date, the new owner of the property will probably evict you. Sometimes you are offered "cash for keys" of up to $2000 to vacate.

Answer Applies to: Colorado
Replied: 9/23/2011

The Schreiber Law Firm
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I am assuming the bank has, or is in the process of foreclosure. You can stay until after the foreclosure and then until whoever buys the house in foreclosure contacts you to vacate.

Answer Applies to: California
Replied: 9/23/2011

Answer By Katie M. Stone
The Law Offices of Katie M. Stone
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In Florida, your house will still have to go through a foreclosure before you have to actually vacate your house. The bankruptcy will discharge your legal obligation to pay your mortgage; however, the house will still need to go through a foreclosure in order for the bank to take back the title to the house. You can stay there until the house sells in a foreclosure sale. If you are renting, you can stay there until you are evicted. I hope you found this answer useful.

Answer Applies to: Florida
Replied: 9/23/2011

Answer By Dan Wilson
Dan Wilson Bankruptcy
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You can stay until the foreclosure sale takes place.

Answer Applies to: Colorado
Replied: 9/23/2011

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