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Posted by Irwin Prince on November 27, 2003 at 05:27:10:
In Reply to: sherriff sale posted by cosmos on November 26, 2003 at 21:10:30:
This is not a legal opinion, since I know zip about PA foreclosure law: IF the Automatic Stay of Proceedings under bankruptcy law was in effect, someone should have notified the Sheriff to cancel the sale. The bank MIGHT have obtained an order for "relief from the stay" during your bankruptcy proceeding which would have permitted it to proceed with the sale. Or, the stay might have been lifted by your "coming out" of b/k on 10/30. I'm not sure what "coming out" means in this context. However, your attorney should have known that and advised you accordingly. If they didn't get relief from the stay, you MIGHT have grounds to have the sheriff's sale set aside which would buy you some time until the next sale date. Foreclosing lenders (especially their title insurers) are very sensitive about sales that violate the b/k stay. Your b/k attorney (him/herself, not a paralegal or secretary) needs to check this out immediately. If the sale stands, you MIGHT be facing eviction in a matter of days.
: We just discovered today that we lost our home to sherriff's sale. We were under the impression from our attorney that since we were in bankruptcy when the notice was served we were ok. We came out of bankuptcy on 10/30 but thought that the sale, scheduled for 11/26, when we were still in bankruptcy, would be rescheduled. That is what our attorney told us would happen. We know there is no redemption law in PA, but is there anything we can do?
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