Will filing Chapter 7 stop the auction of my house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
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.