In California it takes about 4 months to complete a residential foreclosure. The bank usually don't start the foreclosure process for at least a few months and sometimes more. Usually the bank will farm out the foreclosure to a foreclosure company. This company will start the foreclosure process by recording and then sending you a document called "Notice of Default and Election to sell under Deed of Trust". From the date this document is recorded you have 90 days to redeem the home. After 90 days you will receive another recorded document call "Notice of Trustee's Sale". In this document will be a time date and place where your home will be sold on the courthouse steps to the highest bidder. The sale date must be at least 21 days out. If no one bids on it then it goes back to the lender. If you file for bankruptcy prior to this it will buy you further time as the lender must motion the bankruptcy court for relief from the bankruptcy stay which prohibits this type of creditor action. This process can add on another 2 months depending on how up to speed the lender is.

Answer Applies to: California
Replied: 11/8/2011

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The answer to this question depends on many factors. Filing the bankruptcy will delay the foreclosure process. The amount of the exact delay depends onwhether or not you have you received a notice of default and/or a notice of sale. It also depends on if and when your lender files for relief during the bankruptcy.

Answer Applies to: California
Replied: 11/4/2011

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Foreclosure is a process that is initiated by a notice of default that is recorded in the county recorder's office. After 90 days a trustee's sale can be set for an additional 20 days. In other words, the process takes about 4 months.

Answer Applies to: California
Replied: 11/4/2011

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This depends on whether you are filing a ch. 7 or ch. 13. In the case of a ch. 7, you can count on 2-4 months after you file. If you file a ch. 13, you can stay there as long as you continue to make you mortgage and you ch. 13 plan payment. You would definitely want to schedule a free consultation to go over all of your options.

Answer Applies to: Virginia
Replied: 11/4/2011

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That depends on a number of things. In a chapter 7 you usually have until the end of your case, so roughly 4 months. In a chapter 13 you have until the bank kicks you out, it depends on which bank you have.

Answer Applies to: Florida
Replied: 11/4/2011

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Filing the bankruptcy will institute an automatic stay of all legal proceedings which will slow down the foreclosure process. It should be able to buy you between 3 and 6 months in your home. If you hire a decent foreclosure defense attorney and depending on where you are in the foreclosure proceeding, they can keep you in your home for years depending on circumstances.

Answer Applies to: Connecticut
Replied: 11/4/2011

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How long you can stay if you've filed a Chapter 7 and are giving up the home will depend on the Trustee and how quickly the home can be sold.

Answer Applies to: South Carolina
Replied: 11/4/2011

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In most cases, you have six months to live in your home after it is sold at foreclosure sale. The mortgage company is supposed to notify you in advance of the sale date. In some cases bankruptcy can be used to keep the property or will have the effect of slowing the foreclosure process.

Answer Applies to: Minnesota
Replied: 11/4/2011

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In Colorado, the timing of your chapter 7 bankruptcy will determine how long you may stay in your home. It can be anywhere between 4 mos. to a year. If you want to keep your home, consider filing for chapter 13 bankruptcy.

Answer Applies to: Colorado
Replied: 11/4/2011

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The process is like this: First they have to attempt to modify the loan. Then after 30 days, they send you a CERTIFIED LETTER NOTICE OF DEFAULT. Then you have 90 days to bring your mortgage current. Then they can give you 21 days before they sell your home. They send you the NOTICE OF TRUSTEE SALE which gets taped to your door. Then they sell the home at Trustee Sale.

Answer Applies to: California
Replied: 11/4/2011

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Foreclosure process will be stopped by filing Ch 7, until lender gets Relief From Automatic Stay. Foreclosure process takes conservatively 89 months. You will get notices at every step of the process.

Answer Applies to: Colorado
Replied: 11/4/2011

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If you file a chapter 7 and decide to surrender the home, you should plan to move out either right before the discharge or up to the discharge. The process takes about 3-4 months and the mortgage company may also give you some additional time after the discharge to vacate the premises. However, if you qualify for a chapter 13, you may be able to keep the house and pay the arrerage off under the plan.

Answer Applies to: Georgia
Replied: 11/4/2011

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You should consult with a bankruptcy attorney about the status of your home. You do not automatically lose your home in a bankruptcy. There are exemptions available for many forms of property which keep items from becoming part of the bankruptcy estate. Your bankruptcy attorney can advise you on which are best for your particular situation. If your mortgage is in foreclosure, the bankruptcy petition will stop that process. You may be able to modify the mortgage or seek other forms of relief such as a "cram down." Again, your bankruptcy attorney can explain these options to you.

Answer Applies to: Massachusetts
Replied: 11/4/2011

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It depends on whether you'll be filing under Chapter 13 and can afford to put forward a feasible plan. At Benson Law Firm, we do foreclosure defense work as well as bankruptcy. It may be that you can do some things that can save your house or, at the very least, give you plenty of time to move out. But these options require a free initial consultation to gather more information and explore what is really most important to you.

Answer Applies to: Ohio
Replied: 11/4/2011

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They will notify you when the foreclosure sale is. Once the Sheriff's sale has been held (check, it doesn't always happen, sometimes they don't want the liability of another house), then MI generally has a 6 month redemption period, so assuming that you don't have several acres, you have 6 months until they will start the eviction, assuming you are occupying the house. If no one is living there, it can be as quick as 30 days.

Answer Applies to: Michigan
Replied: 11/4/2011

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There is no set amount of time. It will be at least 3 months and it would not be surprising if you were able to stay as long as a year.

Answer Applies to: Texas
Replied: 11/4/2011

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Bankruptcy will delay the process of losing your home.

Answer Applies to: New York
Replied: 11/4/2011

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A bankruptcy often stalls a foreclosure proceeding for 3 to 6 months. A foreclosure proceeding can take a variable length of time, largely determined by the location (County) of your foreclosure. So, the short answer is yes - a bankruptcy can extend the period of time you may live in your foreclosed residence before it is repossessed.

Answer Applies to: New York
Replied: 11/3/2011

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If you file bankruptcy before the auction date, you can buy yourself approximately three months. These three months qualify for the time that is stayed during the bankruptcy. Then you can possibly get an additional two to five months after bankruptcy. You need to talk to the bank. They will most likely negotiate with you a move out date rather than go through an eviction process. Good luck.

Answer Applies to: California
Replied: 11/3/2011

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On this we have no idea. Some foreclosures are taking over a year or more. Who knows if they are going to speed up the process. At a minimum it takes 90 plus 20 days.

Answer Applies to: California
Replied: 11/3/2011

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Depending on what Chapter bankruptcy you file, you will likely be able to remain in your home for at least 3 months and perhaps as many as 9-12. Filing for bankruptcy may affect your ability to apply for and secure housing so you should consult an attorney prior to filing for advice on the best way to proceed.

Answer Applies to: California
Replied: 11/3/2011

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You will be notified. Once notified you will have 90 days to bring current. You can add more time by then filing for bankruptcy which will add another 2-3 months. You can also preemptively try to obtain a loan modification which may also place it on hold.

Answer Applies to: Utah
Replied: 11/3/2011

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You will stay in your home for a long time after you file a Chapter 7 Bankruptcy in Ohio. I assume that the bank has not yet filed for foreclosure, but that you are behind and don't see any way to catch up while your Chapter 7 is pending and you see no way to catch up reasonably by filing a Chapter 13 plan. Depending on the county, it can take than a year or more to finally get a house to sale in a foreclosure. Some counties are faster, though. In the meantime you live there free. AFTER you file your Chapter 7, you would be wise to "cookie jar" some amount equal to a house payment that you can afford in the future. Don't do what most do and allow your budget to expand to suck up all of the old mortgage payment. You must save to afford to move, put up a down payment and eventually buy another home. Yep, nowadays that requires a down payment. Just take cash out of each paycheck, hide it and pretend it's not there. Seriously. Your local Sheriff will have a deputy who is designated to be in charge of all of the foreclosure sales. Find out their phone number and keep it handy. Once the house is ordered to sale, this Deputy will be surprisingly helpful in providing info to you about time of sale and other procedures. Remember, Sheriffs are elected. You vote. Banks do not vote. The Sheriff's office will be helpful and courteous to you at all times. Be sure that you are likewise courteous to the deputies involved. Sheriffs take no joy in this part of their job. They will help you to the extent that they can, if you listen carefully. By the way, if you file a bankruptcy, it usually extends your time in the home. That can pay your attorney. If you choose to hire an attorney to defend your foreclosure, it can really extend your time in the home.

Answer Applies to: Ohio
Replied: 11/3/2011

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Somewhere between 2 months and several years, depending on the mortgage company and whether they are anxious to proceed with a foreclosure sale.

Answer Applies to: Texas
Replied: 11/3/2011

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First, it depends on what Chapter bankruptcy you file. If you are employed then you are eligible for Chapter 13, and you will not lose anything if you complete the repayment plan that you will make when you file. Second, the process of foreclosure requires the recording and service of a notice of default (assuming you haven't made usually 90 days of payments) after which 90 days must expire, and then a notice of sale must be recorded and served and the trustee sale cannot take place until at least 30 days after that notice.

Answer Applies to: California
Replied: 11/3/2011

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The amount of time it takes for the bank to foreclose on your home depends on how busy the bank is. If you have stopped making payments, the bank can proceed to initiate foreclosure proceedings against your home at any time. I have heard of people staying in their home for more than one year and others receiving foreclosure notices within a few months of stopping their mortgage payments. However, once you file for bankruptcy and notify the bank of the filing, it has to stop its foreclosure proceedings until the bankruptcy is completed or until the bank obtains permission from the bankruptcy court to proceed. If you file for a Chapter 7 bankruptcy, this process generally takes about 3 months.

Answer Applies to: Nevada
Replied: 11/3/2011

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You have about six months from the sale date at least.

Answer Applies to: Michigan
Replied: 11/3/2011

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