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Motion to vacate foreclosure sale
Anonymous9 views3 answers
Background info: foreclosure sale set for 1/4/12 I filed chapter 7, three days before sale date. Sale proceeded on 1/4/2012 The bank filed a motion to vacate foreclosure sale. Does this mean once my bankruptcy is discharged the bank will proceed with foreclosure by having to schedule another date for foreclosure sale? I was advised to contact the bankruptcy court to enforce the automatic stay and reverse the sale. Is that still needed since the bank is filing the motion to vacate the foreclosure sale? Thanks.
Your bank is asking the court to vacate (reverse) the sale. If the Motion to Vacate is granted, the sale is reversed - and there isn't a need to appear in bankruptcy court to make the bank reverse the sale.
I hope this helps.
Respectfully,
Steven A. Leahy
www.chicagotaxteam.com
This sounds like you filed pro se. That is always risky and often ends very badly. Get a lawyer to make sure you have a good ending.
It sounds like, in filing pro se, you failed to get notice to the bank's lawyers (on these close calls, we routinely fax proof of filing). That would have avoided this. It sounds like the bank is trying to fix its inadvertent stay violation. You may or may not want to respond depending on the wording. Given that Chapter 7 opens up several possible long term outcomes for the home and the debt, this becomes a very productive time for you to have a lawyer. You might
gain a quick reasonable modification if you want to keep the home, or maybe extra time in it free if you plan to abandon the home, all by the steps you take now.
In which court is the bank filing the "Motion to Vacate"? If it is state court this makes sense. If it is bankruptcy court, make sure that the bank is not asking for the stay to be annulled (voided). If you don't won't to keep the house and have no other property, you might not need a lawyer. If you want to keep the house and/or have other property, you need a lawyer. For example, claiming the correct exemptions is very important. A bankruptcy attorney in your area would probably give you a free consultation to look at your petition and the bank's Motion and advise you.
