Re: sherriff sale

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Posted by TONI on February 04, 2004 at 15:18:31:

In Reply to: Re: sherriff sale posted by Irwin Prince on November 27, 2003 at 05:27:10:

: 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?

We live in California.
We lost our house in October 2003 the same way. Our BK Attorney led us to understand that we were safe as well. However! since then we have retained a litigation Attorney, who advises us to the contrary. He says that when you Dismiss or Discharge your Bank Ruptsy, the original set Forclosure picks up from where it left off. So if you had one day left when you filed the Bank Ruptsy, and your Bank Ruptsy is then Released, you have one day before they can sell your house. This is what happened to us. We recieved our Loan paperwork in the mail for refinancing and consolidation of alll our bills, including the Chapter 13, an approved Loan. That evening around 7:30 pm we received a hand delivered document stating that our house had been sold and we had three days to vacate the premises.

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: : 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?



:      

: We live in California.

: We lost our house in October 2003 the same way. Our BK Attorney led us to understand that we were safe as well. However! since then we have retained a litigation Attorney, who advises us to the contrary. He says that when you Dismiss or Discharge your Bank Ruptsy, the original set Forclosure picks up from where it left off. So if you had one day left when you filed the Bank Ruptsy, and your Bank Ruptsy is then Released, you have one day before they can sell your house. This is what happened to us. We recieved our Loan paperwork in the mail for refinancing and consolidation of alll our bills, including  the Chapter 13, an approved Loan. That evening around 7:30 pm we received a hand delivered document stating that our house had been sold and we had three days to vacate the premises. 









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