Filing in Franklin County. Told by our attorney that the foreclosure process will take at least 7 months. We do not want to keep the house. I thought that if we file the chapter 7 that the debts would be discharged and the property would go back to the creditor in the next 2-3 months, meaning the house would go back to mortgage company. Attorney says that by filing now we will still have the same amount of time for the foreclosure to proceed and may stay in the house. In other words by filing and having the process start now we will NOT accellerate our need to move out of the house. I was planning on holding off the filing although it is stressful but see no reason too if we can still stay in house till the long drawn out foreclosure process completes. Anyone out there who knows if the Attorney is right or not?
Thanks
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One Comment
If you are not comfortable with your attorney’s advice, then you should hire another attorney for a second opinion.
DO NOT RELY ON ANONYMOUS ADVICE FROM STRANGERS, for an issue as crucial as shelter for your family!
What if someone posts here, claiming that they are an attorney, or that they were in the same situation, and that they believe that your attorney is wrong and you should do something different? How do you know they’re telling the truth about anything?
We don’t know anything about your specific situation, such as whether you are currently behind on payments (and if so, by how much). We don’t know what the provisions of your mortgage are. I certainly don’t know anything about Ohio law regarding foreclosures or evictions (I assume that it’s the combination of those two processes that the attorney is referred to when he says “7 months”). We don’t know if this is a purchase-money mortgage or whether Ohio has special protections for such mortgages. We don’t know if there was fraud in the procurement or processing of the mortgage.
Consult an attorney. I realize that funds are very tight for you (otherwise you would probably not be planning to file for bankruptcy), but you will NOT get good advice for free from strangers.