Can a bank fast track a foreclosure without going before a judge and getting a order to firepower even if I am in bankruptcy?

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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 8 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.


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