Legal Question in Bankruptcy in California

bankruptcy

If a person recently files for bankruptcy, chapter

7, Can the mortgage company attempt to reposes the

house and evict the homeowner, if they where late

on a payment, but are now current? They

stipulated to continue paying the mortgage and a

few other bills, when they filed for Chapter 7.


Asked on 2/13/00, 1:13 am

1 Answer from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: bankruptcy

If you are behind in payments the mortgage lender can seek relief from the automatic stay in your bankruptcy to enable them to commence or continue foreclosure. If you are current, they probably have no right to foreclose, although that is a matter of state law.

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Answered on 2/17/00, 9:21 pm


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