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    #1

    Jan 23, 2011, 07:07 AM
    Bank foreclosed in the middle of applying for a modification.
    Two days ago the bank foreclosed on my home right in the middle of applying for a modification. This was two days ago, tomorrow, we would like to meet with a attorney and file for chapter 13 bankruptcy. Question, is it too late to file now in hopes of halting any further actions from either the bank or investor who may have purchase our home. The auction was two days ago so we do not know yet if it was purchased by someone or if the bank brought it back... at any rate, will filing chapter 13 tomorrow give us some rights
    Until we can perhaps sue for wrongful foreclosure and possible respa violations? Please advise. Thanks!
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    #2

    Jan 23, 2011, 08:33 AM

    Yes it is too late, and they started the foreclosure process months ago, and you where aware of it,

    If they already had the sale, you no longer own the house

    Plus the chapter 13 does not stop you from owing on the house, it merely stops collection till court.

    If you filed chapter 13 a month ago,

    So how long has it been since you made a payment, and what is going to happen in the next few months that will allow you to start making the payments and keep them up again
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    #3

    Jan 23, 2011, 08:43 AM
    Was not aware of the foreclosure - we were told that we could modify, and fell that we were this was a wrongful foreclosure. There are discrepancies regarding just how much we owe and asked for a detail accounting prior to the sale date and did not receive it. Lastly, what happens now since there is not a redemption period in my state. Will they come in and perhaps do now a wrongful home lockout and/or seizure? How much time by law in VA will we have before being evicted?
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