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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption