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How Does Chapter 7 Bankruptcy Affect a Foreclosure

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  • 03-27-2011, 07:06 PM
    teepee
    How Does Chapter 7 Bankruptcy Affect a Foreclosure
    My question involves a foreclosure in the State of: arizona

    We have a Ch 7 discharge from 2010. We never reaffirmed our mortgage debt, but just kept paying. Essentially, they are foreclosing on us for appox $10K in arrears -- 95% of that was due to their approving us to pay less for almost a year while they reviewing our reduction/modification request. Nearly a year after reviewing those papers, they declined us and asked that the shortage be paid within 30 days or face foreclosure. Apparently, even though we had approval to pay less, they considered us delinquent after the first month and we didn't know that. We applied again, and were relieved to be approved but they approved us to pay more -- essentialy, they just rolled the arrears into our mortgage and kept the same interest rate. We were in the process of filing a third time when we got our trustee sale notice. We're tired and frustrated. The bank obviously doesn't want to work with us. So we're done.

    ANYWAY, our trustee sale was set for June 8th. Here's our situation... my husband is currently looking for full-time employment in other states. We were hoping to have the full summer break to make this happen without having to leave our home. Plus, we have a 7-year-old and don't want to have to jump around more than we have to. We really want to stay in our house as long as we can, so here are my questions:

    (1) Citibank, even after the CH7, continued to collect this debt and obviously set foreclosure in motion. Does the automatic stay have any affect on this since we never re-affirmed our debt with them, we just kept paying the note?

    (2) It appears that AZ law gives us five days to vacate the property after the trustee sale. Does that include weekend days?

    (3) Do you know how common the "cash for keys" offering is made? And is that ever made in advance of the trustee sale?

    Just trying to figure out options to stay in our house as long as we can so that we can determine where we are moving to next.

    Thx.
  • 03-28-2011, 03:13 AM
    flyingron
    Re: How Does Chapter 7 Bankruptcy Affect a Foreclosure
    A secured loan is only "automatically stayed" while the bankruptcy is in process. The stay can be lifted by the trustee early, but once the bankruptcy is discharged, foreclosure is possible. Bankruptcy isn't going to erase the security in the property (the ability to foreclose), just the potential obligation that you have any obligation to pay it. Of course on most residential properties in Arizona, there's no recourse anyhow.

    What the purchaser at foreclosure (almost always the bank) does with respect to getting you out is up in the air. It could be as little as five days and you'll be turned out. Any negotiation for staying or incentives for orderly move out is at their discretion.
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