If the lift of stay was granted and our mortgage is current, can our mortgage company file for foreclosure?

Asked on March 9, 2013 under Bankruptcy Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are not in default of any amounts, then they should not be able to foreclose. However, if by "current" you mean that you have paid recent months, but still owed some back balance for past months not paid or not paid in full, then yes, they could seek to foreclose based on that arrears.

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