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Responsibility after bankruptcy and/or foreclosure

Allen Park, MI |

Am I responsible for the care of the property after filing chap 7 bankruptcy? Am I right to assume the lender will foreclose at that point? Do I have to remain in the house to take care of it until I get an eviction notice? I'm confused. I was told we should stay in the house as long as possible but not sure I'm suppose to stay in after bankruptcy is filed or discharged? We are in default on the home now since July and we have not received notice of a sheriff's sale as of yet. We attempted to get help with a loan modification, which is still in the works but no changes as of yet. We are planning on filing chap 7 maybe next month. I know it takes 4 mos b/f it is discharged.

Our home foreclosed this month. When will we receive a notice of the sheriff's sale? We are also in the process of chapter 7 ...petition has been filed just last week. Hoping the chap 7 petition was filed in proper timing (before the sale but we don't know yet when the sheriff's sale will be). Also, asked a question earlier about if we will have to pay a deficiency since we have filed a chapter 7? Chap 7 was filed AFTER the foreclosure but before the sheriff's sale which we don't know yet when that will be.

Attorney Answers 3


  1. The reason to stay in your home as long as possible is to save you money. You are not currently paying your mortgage or any rent and if you move somewhere else you will have to pay these costs.

    A well timed bankruptcy can buy you an extra couple months in the home after you file. Talk to your bankruptcy lawyer about the timing of the case and you could save your self a few months worth of rent. And if you are still in the house after the foreclosure sale some banks will pay you to move out.

    Good luck,

    Robert Kovacs


  2. You should not move out of your house until the end of the redemption period. The bankrutpcy petition should be filed just before the foreclosure sale.


  3. You may find the answers to this related "what happens after foreclosure" question helpful in addressing your issue.

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