Legal Question in Bankruptcy in California
After granting a Motion to avoid lien and order Confirming chapter 13 bankruptcy plan, is it possible for the property in question to continue to be listed under properties in foreclosure for auction? Can it be sold? Yes no?
1 Answer from Attorneys
The granting of your motion would have been conditioned upon your successful completion of your Ch. 13 Plan. If you are unable to continue to make your first mortgage and Plan payments your Ch 13 case will be dismissed and the second mortgage will still be a second mortgage (it will not be "stripped"). As for the property remaining on the foreclosure listings, I suppose it can so remain, but the lender cannot take any action to collect money from you nor sell your property... again, as long as the plan remains viable. Good luck!
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