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In most cases, foreclosure action is suspended until the BK is ruled upon either by discharge or dismissal.

The mortgage holder may request a stay from BK proceedings, if it is granted the foreclosure process as defined by the laws of the state in which the residence is located will continue.

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Q: What happens in foreclosure if you have filed bankruptcy?
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When we file the Motion to reinstate does this stop foreclosure process?

Once this motion is recorded it should stop the foreclosure process. Actually, once the bankruptcy is filed, the foreclosure process should already be stopped.


If you filed chapter 7 in 2005 and your house was foreclosed on in 2007 do you have to pay taxes on it?

If the foreclosure was not part of the bankruptcy, yes.


Can you save your house from foreclosure?

Yes you can save your home from foreclosure. This is a primary reason people file for a Chapter 13 Bankruptcy, the automatic stay can stop a foreclosure as long as it's filed before the sale takes place.


How does a foreclosure work if it is due to an agreed order with the mortgage company while in Chapter 13?

The foreclosure will simply continue as it normally would have if the bankruptcy had not been filed, except for any special provision made in the order allowing the foreclosure to cotinue.


We filed chapter 7 bankruptcy. When can the bank take the house?

When you either voluntarily give up the house or you stop making payments (foreclosure).


Does it count as a foreclosure if you already filed bankruptcy?

Yes, a BK does not negate foreclosure action it simply delays it. For the homeowner to avoid such action they must reach a solution such as reaffirmation of the lending contract with the mortgage holder.


Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?

A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.


What happens when a cosigner declares bankruptcy-not the primary owner?

Nothing unless they filed on your loan.


Will bankruptcy protect me from foreclosure by my mortgage company?

Yes, bankruptcy protect you from foreclosure by your mortgage company. You can read more at www.hirby.com/mortgage-lender-filing-for-bankruptcy


Bankrupty or foreclosure which is best?

bankruptcy is better. If you have to decide foreclose or banko, put your house in bankruptcy. When you have a foreclosure, they can sue you for the balance


If you filed Chapter 7 bankruptcy 5 years ago can you file again on your home and when?

There is a six year limitation for BK filing. Bankruptcy will delay but not stop foreclosure on secured property, unless the debt is reaffirmed with the lender.


What happens after a foreclosure?

Foreclosure is the legal process whereby a mortgage company takes your home back from you and sells it to recoup the money they loaned to you. if you intend not to foreclose it better file bankruptcy from the experts