Share
Explore BrainMass

Foreclosure and Bankruptcy

Hello,

My mom is living in her home in Illinois. She has not paid her mortgage in about two years. My father passed away and things became too much for her to handle. She filed bankruptcy in March of this year which I think stopped her foreclosure. I believe they called it a "Stay". My question is how long does she have in the house before they evict her with a "stay"? If she decides to move out (abandon) the property, leaving it in move in condition would she be violating or comitting a crime?

Thank You

Solution Preview

This really depends on what kind of bankruptcy your mother filed. She most likely filed a Chapter 7, which doesn't stop a foreclosure but may delay it a little bit. Usually, a stay goes into place upon filing. During a Stay, the mortgage company cannot ask your mom to leave the property unless it lifts the Stay. The mortgage company can do this after your mom's bankruptcy hearing or they may not do it at all and they may wait until the bankruptcy is ...

Solution Summary

My mom is living in her home in Illinois. She has not paid her mortgage in about two years. My father passed away and things became too much for her to handle. She filed bankruptcy in March of this year which I think stopped her foreclosure. I believe they called it a "Stay". My question is how long does she have in the house before they evict her with a "stay"? If she decides to move out (abandon) the property, leaving it in move in condition would she be violating or comitting a crime?

$2.19