wastate Posted May 13, 2018 If my lien holder forces a sale on my home to satisfy the judgement are there any ways to slow the process down long enough for me to file BK? Two years? Thanks Quote Share this post Link to post Share on other sites
Kuuner Posted May 14, 2018 Unless you pay the amount due, the only thing that slows/stops a foreclosure sale, (outside of a lawsuit) is a bankruptcy filing. You can file a bankruptcy with one piece of paper almost but, you'll get a notice to dismiss for not filing a complete package, the day you file with the hearing on the BK and motion to dismiss about 30-45 days after filing. Quote Share this post Link to post Share on other sites
wastate Posted May 14, 2018 Unless you pay the amount due, the only thing that slows/stops a foreclosure sale, (outside of a lawsuit) is a bankruptcy filing. You can file a bankruptcy with one piece of paper almost but, you'll get a notice to dismiss for not filing a complete package, the day you file with the hearing on the BK and motion to dismiss about 30-45 days after filing. A lawsuit against who? Thanks Quote Share this post Link to post Share on other sites
Kuuner Posted May 14, 2018 Against the entity doing the foreclosure. You would have to have a compelling reason for an ex parte motion in my opinion. If you are filing an emergency hearing to stay a foreclosure, without a reason to do so, my opinion would be that you would be in hot water, spend lots of money, and fail on the endeavor. The question was though, how could a foreclosure be stalled. That's one way to do it. Quote Share this post Link to post Share on other sites
wastate Posted May 27, 2018 Unless you pay the amount due, the only thing that slows/stops a foreclosure sale, (outside of a lawsuit) is a bankruptcy filing. You can file a bankruptcy with one piece of paper almost but, you'll get a notice to dismiss for not filing a complete package, the day you file with the hearing on the BK and motion to dismiss about 30-45 days after filing. So I'm assuming you couldn't do this more than once. Quote Share this post Link to post Share on other sites
Kuuner Posted May 29, 2018 Unless you pay the amount due, the only thing that slows/stops a foreclosure sale, (outside of a lawsuit) is a bankruptcy filing. You can file a bankruptcy with one piece of paper almost but, you'll get a notice to dismiss for not filing a complete package, the day you file with the hearing on the BK and motion to dismiss about 30-45 days after filing. So I'm assuming you couldn't do this more than once. Do what more than once? File a skinny BK? People do it all the time. Frequent Filers. What people miss is that there comes a point in time, some times, where while the BK is filed, and may be valid, the filer could lose the right of automatic stay if they file multiple times or, within a certain time frame from a previous filing. Quote Share this post Link to post Share on other sites
tomforr Posted June 6, 2018 Unless you pay the amount due, the only thing that slows/stops a foreclosure sale, (outside of a lawsuit) is a bankruptcy filing. You can file a bankruptcy with one piece of paper almost but, you'll get a notice to dismiss for not filing a complete package, the day you file with the hearing on the BK and motion to dismiss about 30-45 days after filing. So I'm assuming you couldn't do this more than once. Do what more than once? File a skinny BK? People do it all the time. Frequent Filers. What people miss is that there comes a point in time, some times, where while the BK is filed, and may be valid, the filer could lose the right of automatic stay if they file multiple times or, within a certain time frame from a previous filing. IIRC this happens the third time a filer files in a certain time period (I want to say 12 months) Quote Share this post Link to post Share on other sites
wastate Posted February 14 I discovered that the lien holder didn't record the lien properly on my house. I got a loan and pulled enough equity out of the house so that after the 1st, 2nd, and my homestead exemption are paid there is nothing left. Quote Share this post Link to post Share on other sites