Bankruptcy and Trustee Sales


#1

If you see a trustee sale that was originally postponed for a bankruptcy but goes to sale, is the title affected in any way? can this cause delays for eviction? Thank you, Sean


#2

No typically they go to sale because the bank got an order of relief from the motion of stay from the bankruptcy court. At that point it proceeds like any other sale.
Only thing to perhaps watch for is that I have seen homeowners drop their bankruptcy, and then refile after the sale to postpone the eviction, as a new bankruptcy would slow your eviction down as you would need an order for relief from stay. Eviction attorneys are used to this and it usually just adds a couple of months and a couple of grand to the process.


#3

How would I find out if the previous homeowner drop or refile a bankruptcy?


#4

Look it up using PACER: http://pacer.psc.uscourts.gov/