can i fight this
There is no way to know, no deadline, it will happen when it happens. You can consult with a real estate or foreclosure defense attorney to see if there is some way to fight the foreclosure, or a Chapter 13 bankruptcy may give you a chance to cure the default.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
Your home was included in your bankruptcy and that's why they had to modify the automatic stay. Once the stay is modified, the mortgage status reverts to where it was before the bankruptcy. They still have to follow the normal foreclosure process so wherever you were prior to the bankruptcy gives you the idea of how long you have.
The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship.
There is no such thing as "not including" a debt or asset in a bankruptcy. *You* enter, and *everything* you own or owe follows you in.
If you are not paying your mortgage, the bank may file for relief from stay and proceed with regular foreclosure remedies.s
I would need to know at what stage your foreclosure was at when you filed bankruptcy. If you filed bankruptcy the day before a foreclosure sale was scheduled, the foreclosure sale can be rescheduled for a few days after the stay is lifted. If you filed bankruptcy before a "Notice of Default" was sent out, the foreclosure process will take several months to complete, or maybe more. And you will have other options to try to save your house...although "fight this" is probably not an accurate way to describe the process. Hope this perspective helps!
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