Can I get served a complaint and summons for foreclosure if I am in Bk in florida?

Asked about 5 years ago - Delray Beach, FL

Can I get served a complaint and summons for foreclosure if I am in Bk in florida?

Attorney answers (2)

  1. H. Dillon Graham III

    Pro

    Contributor Level 10

    Answered . Your bankruptcy lawyer needs to file a suggestion of bankruptcy in the foreclosure action. Then it stops.

  2. Margery Ellen Golant

    Pro

    Contributor Level 20

    Answered . It depends on whether the lender has obtained relief from the automatic stay, if an automatic stay is in effect. The filing of bankruptcy usually results in the initial imposition of an automatic stay of proceedings, unless you are what is considered a "serial filer". However, if what is filed is a Chapter 7, the mortgage holder or servicer will normally ask the court to lift the automatic stay so that it can proceed with foreclosure, and those requests are generally granted without issue, since generally that is appropriate in a Chapter 7.

    If there never was a stay in effect or if the stay has been lifted, then yes, you definitely can get served with a foreclosure action. Both foreclosure law and bankruptcy law are tricky and technical, and while they may each provide defensive opportunities, that is only true when there is a strategy developed by a knowledgable attorney.

    Are you in a Chapter 7 or a Chapter 13 ? If a Chapter 7, have you filed before ? If not, has there been a Motion for Relief from Stay ? If your goal is to try to use bankruptcy to save your house, a Chapter 7 case cannot do that.

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