Has a foreclosure sale on 6/28. Filed bankruptcy prior to the confirmation of sale hearing and provided notice to the court regarding the bankruptcy. They still went forward with the confirmation hearing and entered an order confirming the sale.
If the bankruptcy was filed prior to the confirmation hearing, the hearing should have never happened. If an Order to Confirm was granted in violation of the bankruptcy stay, a Motion to Vacate the confirmation may be appropriate.
if you filed a chapter 7 bankruptcy, did you reaffirm the mortgage account? if you filed a chapter 13 bankruptcy and the stay was in place, you have rights. You need to consult with an experienced attorney who can take the loan servicer on. You may have a substantial claim for damages but you need to ask carefully of any lawyer you interview: What is your experience in this type of case, what type of recovery have you had for past clients, how many trials like this have you tried, or worked up to a trial. Listen with great care and pick the right lawyer for you.
If that is actually the case, then the automatic stay was violated. You need to retain the right type of attorney to handle this matter for you. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You need to retain the best OK mortgage foreclosure defense and bankruptcy attorney you can afford. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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The above answers are all technically correct, but they assume that the automatic stay was in effect at the time the confirmation order was entered. I suggest that you talk to your bankruptcy attorney about this. There are a couple of reasons why you might not have had protection from the stay at the time the confirmation order was entered. The stay might have been lifted by the bankruptcy court, or, if this was a repeat filing the stay might not have been in effect at all. This question is not nearly as simple as it appears and no one can answer it without some knowledge of the bankruptcy case and the foreclosure case.
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