Legal Question in Bankruptcy in Florida

I was expecting discharge August 20 for chapter 7. I recieved a motion for relief from my mortgage company. How long do I have?

Letter date was July 24.

They had a sale date set which has come and gone due to chapter 7.

I am not keeping the house in the bankruptcy.

The title of the letter is "Order granting motion from the automatic stay in favor of Seterus Inc."

I also says the court waives the 14 day stay of the order granting relief pursuant to bankruptcy rule 4001

I am in Hillsborough County Florida


Asked on 7/30/12, 4:04 pm

2 Answers from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

As a guess, the matter goes back to the Circuit Court in Hillsborough, and it may take two months or so to get a hearing in front of the judge, and then the sale would be about 30 days after that. So, you could have around 3 or more months before you have to move. It could be shorter, it could be longer than that. It would be much shorter if the order to show cause method is used.

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Answered on 7/30/12, 4:18 pm
Dawn Marie Bates-Buchanan Bates-Buchanan & Savitsky Law Group, P.A.

I agree with Mr. de Groot, and I suggest that you contact the attorney for the bank and discuss it with them, often they will offer you a some small amount of money to help you move out so they don't have to wait and you will go without damaging anything. Also don't be suprised that your utility company will still bill you until after the title to the property has been changed by a recorded deed after the sale. Also often if you need a specific amount of time (30 days or something) then the attorney will work with you to give you a 30, 60 or 90 day sale date.

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Answered on 7/30/12, 4:28 pm


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