Posted by John Merchant on December 28, 2007 at 12:17:52:
The filing of either a Ch 7 or 13 automatically, by Fed law “stays” further collection efforts, including foreclosures.
Most lawyers filing such BK action would immediately inform the foreclosing Trustee of such BK filing so as to hopefully cause the Trustee to cease his foreclosure efforts for the time being.
It is a known fact that some foreclosure trustees will persist and proceed to hold the foreclosure auction, although they’re in violation of Fed law and a buyer at such an illegal foreclosure auction is getting a dubious title.
If you’re the person filing the Ch 13 BK, I’d get to your lawyer quickly and get his help/advice on stopping the foreclosure right now.