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How long should foreclosure take after bankruptcy is complete and the automatic stay lifted?

Tampa, FL |

My bankruptcy is complete and the automatic stay has been lifited. I did surrender the house as part of the bankruptcy. How can I find out 'where' in the process the foreclosure is? Do the bank's attorneys need to file another lis pendens or other type of document to notify beginning of the proceedings? If so, should these documents should be viewable in my case file on the county public records site?

Attorney Answers 3


There is no way to know how long the foreclosure could take. It is up to the lender at this point to start and finish the foreclosure in state court now that the stay was lifted and the bankruptcy complete.

Generally speaking, they do not need to start the foreclosure over again. They generally pick up where it stopped when the bankruptcy was filed.

As to seeing documents online, many counties only list the documents filed but do not have images available online. You can always go to the clerk of court to inspect the file.

See my website below to learn more about the foreclosure process.

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I had a case where the lender took over 2 years to foreclose. In the meantime, our client had to pay for taxes, upkeep and homeowners association dues. Some lenders are looking at loan modifications, whether the borrower wants it or not claiming that it is required by federal law. You can always contact the bank or the foreclosure attorney when one is hired to find out.

[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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The lender does not have to file another lis pendens. If your bankruptcy has been discharged, then the lender can proceed with the foreclosure action. You will be personally served with a foreclosure petition (if you have not been already) and you have a certain amount of time to respond or your lender can obtain a default and this will shorten the process. Thereafter you will receive all notices by mail concerning the foreclosure. If you respond to the petition, you will buy yourself more time. We do not practice in foreclosure defense; however, I refer to Ross Spano in Riverview who is an excellent attorney for these matters. FYI, you can continue to live in the house or rent it out until after a foreclosure sale without paying the mortgage.

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