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Re: This is easy...In Reply to: This is easy... posted by Ward-CA- on November 21, 2003 at 10:28 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, : : ================================================================ : : #1. Bankruptcy is a federal process. So go to your local federal courthouse's bankruptcy section and ask for an Emergency Petition in Chapter 13. If you are given the full Petition in Chapter 13 then find therein the sheet that lists all 13 schedules. The schedules pertinent to the Emergency Filing will be asterisked as such. Separate them from the whole filing package and make a copy of it. Fill in and file the emergency schedules along with the filing fee. : #2. You could file their signed petition with the Court. But I'd advise you to have the petitioner with you in case there's something else that has to be signed or corrected while at the Intake window. : #3. No, the trustee's sale is automatically void even without notifying the trustee ahead of time. So if you notify the trustee about 2 hours after the sale took place they will cancel the sale and reschedule it about 7 weeks into the future. : #4. You want your debtor to file a Request for Dismissal of Chapter 13 form with the bankruptcy court once the foreclosure has been postponed well into the future. Getting the dismissal signed by the bankruptcy judge will allow you to go forward with your purchase of the property without need to get the bankruptcy court's involvement. : #5. Absolutely. You can stop the trustee's sale immediately...by filing the Emergency Petition anytime prior to 11:00 AM. : Hope this helps.
Thanks for your excellent "how-to" on the bankruptcy details, but I wasn't able to put it together before the auction. However, the gods were smiling at the auction yesterday. The property sale was postponed until next Wednesday 11/26 because of "Trustee Discretion". When I heard that, my sullen expression changed from night to day. I ordered a title report even though I've been researching at the Recorder's office for around a year now. Call it cheap insurance for this...my first deal. I ordered a home inspection for Monday. I got the $2,000 cashiers check and will get the grant deed signed, notarized, and recorded on Monday. The owner will be calling the defaulted lender to get the cure amount and preferred manner of payment on Monday. I asked her to get the lender's bank routing so that her Trust's trustee (my LLC) could wire the delinquent cure funds directly to the account. The Certificate of Trust, Grant Deed, and Alternate Grant Deed are all ready to go through the process. Questions: Thanks for your help,
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