If a Motion to Lift Stay is filed, how long until I have to be out of my house?

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If a Motion to Lift Stay is filed, how long until I have to be out of my house?

I just filed a Chapter 7 last week and had a foreclosure auction date on my home for 2 days from now. After filing, that date has now been postponed about a month. I need to know if my credit union files and is granted a Motion to Lift Stay, will the foreclosure process start over again (as it does in some states)?

Asked on April 17, 2012 under Bankruptcy Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It may require re-publication but if you are in a judicial foreclosure state, your lender will need to re-file for a new foreclosure date. After that, the date of move out will depend on truly whether your lender gets around to filing the eviction documents and serving you and then if it enforces it. Foreclosures are flooding the logs for most major lenders now. You need to try to reaffirm the debt if you can and have the lender agree if you wish to stay in your home. Try working out a modification or the like. If this does not work, you may wish to negotiate a later move out date so you are not blindsided by the eviction documentation/notice.


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