How long will it take for the mortgage company to file foreclosure? - Bankruptcy Law Questions and Answers- LawQA.com

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How long will it take for the mortgage company to file foreclosure?

How long after chapter 13 bankruptcy is dismissed? How long will it take for the mortgage company to file foreclosure?

Answer By Susan G. Taylor
Law Office of Susan G. Taylor
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Unfortunately, that's anybody's guess. There's no way to determine when it will happen.

Answer Applies to: Texas
Replied: 3/6/2012

Answer By Lynn Pierce
Law Offices of Lynn Pierce
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It depends on how far behind you are. They used to file when there was a default for 3 months. They seem to be taking much longer to file these days because of the backlog in foreclosed homes.

Answer Applies to: Colorado
Replied: 3/6/2012

Answer By J.M. Cook

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There is no set time and it depends on the speed of your current jurisdiction in scheduling these matters.

Answer Applies to: North Carolina
Replied: 3/5/2012

Answer By Abel Fernandez
Diefer Law Group, P.C.
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It depends on how much time they had left to foreclose before you filed the chapter 13. The company can pick up where it left off. Although, most of the time they will re-set the sale date so it can be 21 days.

Answer Applies to: California
Replied: 3/5/2012


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They have to send a thirty day notice by certified mail, and advertise the property once a week for four weeks, before they could foreclose on the first Tuesday of the following month.

Answer Applies to: Georgia
Replied: 3/5/2012

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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That is an unknown. I have one case involving a condo that has not been foreclosed upon in over a year - despite the bank having obtained relief from stay. Generally, they do it rather quickly. Call the number on the Notice of Sale, enter the "T.S." number (top left hand corner) and find out when the sale is set for.

Answer Applies to: California
Replied: 3/2/2012

Charles Schneider, P.C.
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Filing a foreclosure is initially the economic decision of the mortgagee to hire counsel to do so. It can commence immediately.

Answer Applies to: Michigan
Replied: 3/2/2012

Answer By Kevin Heupel
Heupel Law
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The time it takes for a foreclosure to start after the dismissal of a Chapter 13 depends on whether you were in foreclosure prior to filing bankruptcy. If you were in foreclosure prior to filing, then there is no established timeline. The bank can start the foreclosure at any time without further notice to you. If you were not in foreclosure, then the bank will provide you with four months notice of the foreclosure sale date.

Answer Applies to: Colorado
Replied: 3/2/2012

Mauritz Van Niekerk, Attorneys at Law
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In new York quite a few months but it depends on the bank.

Answer Applies to: New York
Replied: 3/2/2012


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The stay protection that prevented foreclosure during your bankruptcy was lifted when your bankruptcy was dismissed. So, the lender can file a foreclosure, or resume the one begun before you filed a 13 if the foreclosure has not yet been dismissed, anytime after dismissal of the bankruptcy. There is no way to know how long your lender will take to file that foreclosure. It is up to them and within their control. Many lenders are slow to foreclose, but no promise that is true with yours.

Answer Applies to: Kansas
Replied: 3/2/2012

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