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Ajay Kumar Gupta

Ajay Gupta’s Answers

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  • If the notice of motion from automatic stay is granted, can mortgage company start eviction (ie. 3 days to vacate property)?

    I filed chapter 7 BK on Dec 2011 and I included my house. The trustee place the house on short sale even before my case was discharged on Mar 2012. I received a notice from the US Bankruptcy Court District of NV stating that the mortgage company i...

    Ajay’s Answer

    1. They cannot start the eviction process until the foreclosure is complete.
    2. Once the NOD is recorded, a Notice of Sale will be issued after 90 days. That is a 21 day notice. Typically, the sale takes 4 - 5 months from the date the NOD is issued.
    3. Once the sale occurs, then they can start the eviction process.

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