Legal Question in Bankruptcy in California
Automatic Stay on Foreclosure
I know that once a bankruptcy is filed there is an automatic stay, but if it is filed 2 days before the auction, how is the lender notified of the automatic stay in that short period of time?
Asked on 12/20/08, 12:52 am
2 Answers from Attorneys
Brian Whitaker
Lifeline Legal, LLP
Re: Automatic Stay on Foreclosure
Your attorney will fax the Trustee the Notice of BK Filing.
But even if the Trustee does not have Notice prior to the sale, the sale will be void.
Answered on 12/20/08, 1:38 am
Carl Starrett
Law Offices of Carl H. Starrett II
Re: Automatic Stay on Foreclosure
When you filed your case, the court will provide you (or your attorney if you have one) with proof that the bankruptcy case has been filed. Faxing a copy of the notice and calling the foreclosure trustee is most ocmmon way of notifying the lender. This is usually handled by your attorney if you have one.
Answered on 12/20/08, 8:42 am
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