Legal Question in Real Estate Law in California

In California, can filing bankruptsy stall foreclosure action? and for how long?


Asked on 2/08/11, 12:33 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Filing bankruptcy will stall a pending foreclosure, but not an eviction following a foreclosure sale and successful unlawful detainer suit completed before the bankruptcy filing. The time you gain is dependent upon several factors, most of them in the hands of the foreclosing noteholder, but I'd guess that two or three months may be pretty typical.

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Answered on 2/08/11, 2:37 pm
Anthony Roach Law Office of Anthony A. Roach

Yes, right up to the time the lender comes into the bankruptcy court and has their motion granted, lifting the automatic stay.

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Answered on 2/09/11, 11:19 am


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