Will filing Chapter 7 stop the auction of my house?
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Will filing Chapter 7 stop the auction of my house?
This house was inherited with 3 other siblings from our parents. I have lived here for the past 5 years since my parents passed away. Now the house is scheduled for auction in 6 weeks. Since I am disabled and living on a fixed income I haven’t been able to pay the taxes and haven’t gotten any help from my siblings.
Asked on July 27, 2011 Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. Although a Chapter 7 will stop a foreclosure temporarily, the bank can ask that the stay be lifted in order to continue with the foreclosure. In most states you have the right to stop a foreclosure "until the gavel falls" as they say at the sale. Many states also allow a right of redemption where even after foreclosure you can redeem the house. But not Florida. Your situation needs a bit of clarification as to whose name the house is in and if the foreclosure is for back taxes (which I believe that it is). You all have the same rights to the house and the same responsibilities. I think you should seek help here. Try legal aid or the state attorney general's office. Good luck.
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