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Foreclosure date stopped after Chapter 13..how long?

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by StumpedMama, Dec 13, 2013.

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  1. StumpedMama

    StumpedMama Law Topic Starter New Member

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    Hi, we were looking at a sale date of Dec. 19. We live with my Mother In Law and her Husband, he filed Chapter 13 in Nov. and her name was on it. The house that we live in was not included in it, they do own the home. We were scrambling to come up with the money to stop the foreclosure sale so I called the attorneys office that is the "Substitute Trustee" this morning to get an exact amount, and was informed that the foreclosure case is closed due to the Chapter 13 filing. My In Laws are elderly, and it seems they don't really know what is going on. I got an email confirmation from the attorneys office stating that "This file was closed on 12/11/2013 and no new sale date set".
    Thanks,
    What does this mean? Can they reopen it before Dec. 19th or do they have to start over? I just need to know what kind of time I am working with to bring everything current before we start the uphill battle again.
     
  2. army judge

    army judge Super Moderator

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    You need to consult mom's lawyer and have him to reach out to her physician, also have that lawyer reach out to dad's physician.

    They may be unable to properly assist their attorney due to diminished mental capacity.

    That is only one aspect of this minefield.
    .
    You may have resided in one of their homes, but their failure to disclose the asset (the home you are trying to save) could cause them more problems.

    No doubt, your hands may have been all over that, too.

    That is illegal, and that can cause trouble.
    In a bankruptcy, you must disclose EVERYTHING, or you risk legal exposure and/or criminal charges.
    At best, you risk having the BK shut down.
    I suggest you start getting this corrected, ASAP.
     
  3. StumpedMama

    StumpedMama Law Topic Starter New Member

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    I tried not to be nosy with their affairs, but this called for me asking to look over all the BK paperwork and the house is on there. Everything is legal and legit...thank GOD! Sadly it has come to them losing even more of their independence, I will try to help them out more. And just to clarify, they just own this one home that we all reside in.
     
  4. StumpedMama

    StumpedMama Law Topic Starter New Member

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    ArmyJudge:
    I meant to say thanks for the advice LOL, they make it kind of hard to edit a post around here.
     

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