Can a bank fast track a foreclosure without going before a judge and getting a order to firepower even if I am in bankruptcy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a bank fast track a foreclosure without going before a judge and getting a order to firepower even if I am in bankruptcy?
Asked on August 2, 2013 under Bankruptcy Law, Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
A secured lender of real property cannot "fast track" a foreclosure under the laws of all states in this country. Proper notice and due process must be complied with even if you are in bankruptcy. Leave from the automatic stay resulting from a bankruptcy is usually sought by the lender. I suggest that you consult with a real estate attorney experienced in bankruptcy in your locality. One can be found through attorneypages.com.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.