Stop Foreclosure Save My Home , advice ?
On 1-30-97, as a last ditch effort to save my house, I filed a chapter 7
through an attorney. Even though the BK was filed, the mortgage lender
(Countrywide) followed through with the trustee sale on 1-31-97. Was this
legal?
After I learned of the sale, I was devastated. My home was gone. My wife
left me and I was very depressed. While in such a state as feeling my life
was falling apart, I neglected to follow through with the BK and it was
dismissed. (3-17-97).My original desire to file a BK was to save my home
and it failed my expectations because my house was sold anyway.
I would like to know if anyone out there knows of any way possible to
still save this house. I don't want to return to the same lawyer because I
feel he let me down by not ensuring that I follow through with the BK.
After he got his $, I never met with him again until it was too late.
The house is located in So. California and I am still presently living
there but time is running out. There is no equity in the house and I am
sole owner. I was married less than a year and my wife was never on title.
If the lender did not know of the bankruptcy, it was perfectly proper. But,
since the BR was filed before the sale, the sale was of no effect. (BTW,
Chapter 7s won't stop a foreclosure for long--since there is no ability to
deal with arrearages, the lender will normally file a Motion to Lift Stay
if the arrearage isn't cured quickly and, after it is granted, proceed to
readvertise and resell.)
The BR stopped the foreclosure. The fact that a sale was conducted was of
no effect. For Countrywide to sell the house, it would have had to
readvertise and resell once the BR was dismissed. Did you discuss this with
your lawyer before concluding that you had lost your house?