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  1. #1

    Default Can a Bank Proceed With Foreclosure if My Bankruptcy is Dismissed

    1st Bk 13 Dismissed due to non payment prior to approval.
    2nd BK13 Emergency filing and Dissmissed due to not submitting additional items within 14 days. The bank and trustee were advised in advance that a bk was being filed and provided the number moments before sale of home. I was told they had not given the buyer the paperwork and they were going to give the check back-this was within an hour of the sale. The Trustee still reflects the home was sold and the buyer has posted the property now 2 weeks fallowing the sale, the bank and trustee have said since the first day that the sale was rescinded.
    Is it Possible that they plan to complete the sale if the BK is dismissed due to the 14 day filing of required docs results in a dismissal?
    I have been assured I am in the BK department with the bank (letters dated after filing/sale) and letter from bank about my modification process that are dated after the foreclosure sale. However, buyers records still show they bought it and did not get the check back. Wondering what might REALLY be going on?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Foreclosure Sale After Bk13 Filing, Can Bank Go Through with Sale if Dismissed

    Wondering what might REALLY be going on?
    it sounds like the house was sold since there was no BK protection to prevent it. If the BK was dismissed, it is as if it was never filed.

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