Can The Bank Still Foreclose Even With Bk Being

I have met a possible client

he has been in a chapter 13 arrangement for 5 months and is making his payments on time and it is for all the arears from lendor

But they are still foreclosing with a sale date of 6/3/04

I asked him if he had talked with his lawyer and he has

they told him there was nothing they could do!!

This is first time I have heard of a person abiding and making payments on time in a chapter 13

and the lender still foreclosing on him!!

Any advice/help

Comments(4)

  • TheShortSalePro20th May, 2004

    If the lender sought from the bankruptcy court, and was granted a lifting of the automatic stay... that's all she wrote.

    My guess is that the 'client' might not be sharing with you all the details...
    [addsig]

  • classimg20th May, 2004

    Search for more of the truth. If payments are being made on time the foreclosure is not common.

    Eric & Rosa
    [addsig]

  • tonygeorge20th May, 2004

    The Chapter 13 protects the property from being forclosed on. So the bank cannot take the property. unless they have been making there payments late!!! [ Edited by tonygeorge on Date 05/20/2004 ]

  • active_re_investor20th May, 2004

    Tonygeorge,

    The info is not accurate. The property can be removed from the bankruptcy and then foreclosed upon. It will have to be agreed as part of the proceedings.

    As was noted, more information needs to be unearthed before clear options will emerge.

    If the property is outside the bankruptcy then it is possible to buy it and cure the foreclosure before it finishes

    John
    [addsig]

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