Legal Question in Bankruptcy in Florida

Mortgage-Moving

I would like to know how long you have to stay in your home after you file chapter 7. Is there a certain number of days you can reside in the home? Does someone just call and tell you when to get out? Do they mail something telling you to get out? No one seems to know this question. The mortgage company has a hearing for 25 Feb it says: ''Motion for Summary Judgment of Foreclosure'' is there an amount of time after this hearing. Please let me know as soon as possible. Thanks.


Asked on 2/15/02, 3:05 pm

2 Answers from Attorneys
Anthony Comparetto Comparetto Law Firm

Re: Mortgage-Moving

Normally a sale is set 20 to 30 days after the summary judgement. 10 days after sale a certificate of title is entered and the mortgage company can move for eviction. Have you already filed your chapter 7 or our you planning? If you are planning to file it should be before the sale date. You will then have until the mortgage company files a motion to lift stay and re-sets the foreclosure sale. If you are using a paralegal to file be careful. If you are using an attorney he should be able to help easily.

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Answered on 2/15/02, 3:37 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Mortgage-Moving

The filing of the petition acts as an automatic stay of proceedings against you. The lender must obtain relief from the stay prior to going forward. If you haven't filed yet, try to before the motion for summary judgment and no later than prior to the sale date.

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Answered on 2/15/02, 4:16 pm


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