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How long do I have before I have to move because i defaulted on my automatic stay.

Fort Lawn, SC |

i had a arrangement since september and this is my first time being late

Attorney Answers 2


That depends entirely on the mortgage bank and how fast they file the foreclosure documents. You could have several years before the house is foreclosed on, and you have to move. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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The answer to your question will depend on your mortgage company, and where they were in the foreclosure process before your bankruptcy was filed. I assume that you have been in a Chapter 13. If your Chapter 13 was filed just prior to a foreclosure sale, the lender may only have to re-open the foreclosure case, and re-advertise the sale, which might take only a few weeks. On the other hand, if you filed your bankruptcy before a foreclosure was actually filed, the lender is going to have to go through the entire foreclosure process, which takes a minimum of four to five months in South Carolina. I hate to give you and answer that essentially says "it depends," but, well, it depends. Hopefully this gives you a bit of guidance.

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