Bancruptcy v. Foreclosure

[wooddashman]

What is the name of your state?Fl.

A property is sold at foreclosure. The defendant than declares bankruptcy 2 dales after the certificate of sale is issued. Does the bankruptcy prevent the foreclosure from going thru?

 

[HomeGuru]

What is the name of your state?Fl.

A property is sold at foreclosure. The defendant than declares bankruptcy 2 dales after the certificate of sale is issued. Does the bankruptcy prevent the foreclosure from going thru?

**A: what exactly is the certification of sale? Are you saying that the transaction closed with the new buyer? If not, then BK puts an automatic stay on the foreclosure action.

 

[wooddashman]

**A: what exactly is the certification of sale? Are you saying that the transaction closed with the new buyer? If not, then BK puts an automatic stay on the foreclosure action.

The summary judgement states: "That upon execution of the certificate of sale, the defendant will be barred and foreclosed of and from all right or equity and of and from all right, title interest, claim or demand of every kind and nature in and to the above described judgement. The redemption rights of defendant shall be extinguished upon the Clerk's execution of the Certificate of Sale."

Certificate of sale was issued immediately after the sale concluded on the courthouse steps.

 

[amortgageman]

I would still include the home in your bankruptcy just in case there are any liens remaining or the property was sold for less than the amount due on the home.

 

[herkxena]

What is the name of your state?Fl.

A property is sold at foreclosure. The defendant than declares bankruptcy 2 dales after the certificate of sale is issued. Does the bankruptcy prevent the foreclosure from going thru?

Florida has a 10 day right of redemption after the foreclosure sale.

You will need to contact the attorney's office that handled the foreclosure of the bankruptcy and go from there.