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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Help!!! How to stop the sale? It's tomorrow morning. Posted by Jim on November 21, 2003 at 1:15 AM Hello Ward, So I got the owner to sign the EPA tonight. The sale is tomorrow at 11AM. Below is an extract from an earlier message and I have a few questions: 1. What 6 designated pieces of paper make up the Chapter 13 petition? 2. Do I escort the owner down to the courthouse to gather and file this petition tomorrow before the sale? Can I do it without her involvement? 3. Once I do get the petition filed, then I would show a copy to the auctioneer prior to the sale, correct? 4. Once I resolve the default, will the CH 13 petition expire or do I have to "kill" it? 5. Can I feasibly get this thing done within the short time I have? Please answer ASAP. Thank you, Jim ================================================================ STOPPING THE FORECLOSURE Just filing an "emergency petition" in Chapter 13 with the bankruptcy intake clerk will immediately stop or "stay" a foreclosure in its tracks. All that's required is the filing fee and the six designated pieces of paper that make up the preliminary part of the Chapter 13 petition. The effect of filing the emergency petition close to the date scheduled for the trustee's sale is it will force the trustee to postpone their sale for at least 30 more days, since that's the earliest the bankruptcy court will hear the beneficiary's petition for relief from the borrower's automatic stay (that stopped the foreclosure process). An extra thirty days is more than enough time to consummate a sale of the property and make up the back payments to reinstate the foreclosing trust deed(s). ================================================================ Follow Ups: This is easy... Ward-CA- 10:28 AM, 11/21/03 (4) Re: This is easy... Jim 2:32 PM, 11/22/03 (3) Fine tuning... Ward-CA- 11:05 PM, 11/22/03 (2) Re: Fine tuning... Jim 6:11 PM, 11/23/03 (1) Check processing is automatic... Ward-CA- 9:35 AM, 11/27/03 (0) Post a Followup: Name : E-Mail : Subject : Comments: : Hello Ward, : So I got the owner to sign the EPA tonight. The sale is tomorrow at 11AM. Below is an extract from an earlier message and I have a few questions: : 1. What 6 designated pieces of paper make up the Chapter 13 petition? : 2. Do I escort the owner down to the courthouse to gather and file this petition tomorrow before the sale? Can I do it without her involvement? : 3. Once I do get the petition filed, then I would show a copy to the auctioneer prior to the sale, correct? : 4. Once I resolve the default, will the CH 13 petition expire or do I have to "kill" it? : 5. Can I feasibly get this thing done within the short time I have? : Please answer ASAP. : Thank you, : Jim : ================================================================ : STOPPING THE FORECLOSURE : Just filing an "emergency petition" in Chapter 13 with the bankruptcy intake clerk will immediately stop or "stay" a foreclosure in its tracks. All that's required is the filing fee and the six designated pieces of paper that make up the preliminary part of the Chapter 13 petition. The effect of filing the emergency petition close to the date scheduled for the trustee's sale is it will force the trustee to postpone their sale for at least 30 more days, since that's the earliest the bankruptcy court will hear the beneficiary's petition for relief from the borrower's automatic stay (that stopped the foreclosure process). An extra thirty days is more than enough time to consummate a sale of the property and make up the back payments to reinstate the foreclosing trust deed(s). : ================================================================ Optional Link URL: Link Title: Optional Image URL: [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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