Old 08-17-2009, 06:40 PM   #1 (permalink)
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How BK affects foreclosure/eviction time

Hi everyone,

We live in AZ and I'm wondering how our recent ch 7 will affect the amount of time we have in our home (we are including it as a discharge). We were current up until filing, so now we are 2 payments behind. Our atty originally told us we'd have at least 90 days after receiving a notice by mail, but I'm wondering if things tend to move more quickly with the lender knowing about a bk than if we were just letting the house foreclose.

Is this logic accurate???


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Old 08-28-2009, 07:22 AM   #2 (permalink)
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Re: How BK affects foreclosure/eviction time

We filed in June and will be discharged mid Sept. I think it did speed mine up a bit, our intent was to keep our house when we filed if we could obatin a modification. I had tried before we went behind and filed and was told our DTI was too high and not worth my time to apply for a mod and go through the entire process just to get rejected. Hoped once we filed they would help but then was told because we filed they will not help us unless we reaffrim the loan and have been discharged. Of course we do not plan to reaffirm the loan because they cannot mod and it just does not make financial sense...anyway, the bank filed a motion of stay which was granted by the trustee. This allows them to move full steam ahead with the FC. It was just granted last week and I expect the NOD to be any day now....it seems to take about 4-6 months for the process here in Florida so we figure we have at least 4 more months. Once we get our discharge I will try one more time, at that point I am protected by the BK and they cannot come after me but if they are reasonable it will save them at least 100K.....have a feeling they will not be reasonable.
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