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Sure fire way to temporarily stop a foreclosure.

Posted by Ward-CA- on June 21, 2002 at 7:28 AM

In Reply to: stopping foreclosure posted by irvin on June 20, 2002 at 10:06 PM

: what are the step to take to stop foreclosure if you have about 3 weeks to do it in sc . please comment or email, thanks

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Irvin,

Your question is a little terse. So I'm going to presume you have an uncooperative lender who won't postpone the sale even if you're in the process of selling the property or refinancing it.

The fail-safe method of stopping a foreclosure is to have the beleaguered homeowner file an emergency Chapter 13 petition in your local bankruptcy court a day or so before the scheduled foreclosure auction. A bankruptcy filing automatically stops any creditor action dead in its tracks, regardless of what kind of action it is.

Wait until the auction is over and then make a courtesy call to the Sheriff or the attorney processing the foreclosure and tell them that the sale they just conducted is void since you filed a bankruptcy petition in Chapter 13 before the sale. It will take the lender a month to cancel the sale just held and reset the foreclosure auction up again and get the automatic stay lifted.


Hope this helps.


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