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

Asked almost 2 years ago - Fort Lawn, SC

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

Attorney answers (2)

  1. Dana E. Wilkinson

    Contributor Level 3


    Lawyer agrees

    Answered . 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.

  2. Diane L Gruber

    Contributor Level 18

    Answered . 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.... more

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