Expert: Mark J. Markus- California Bankruptcy Attorney - 1/7/2009

Question
We filed a chap 13. in the state of California, We are still having financial problems and living in the home. My question is,  the mortgage company filed a motion for relief from the automatic stay. I know that this means that they want permission to foreclose from the court. But, when it is granted, which our lawyer said it would be. She isn't sure if we have to move immediately, said not sure it would could stay longer.  What is the time frame once a foreclose is served?

Answer
That depends on where they were in the foreclosure process before you started your Chapter 13 case.   Had they already recorded a notice of default?  Had the 3 months run on that?  Had they published a notice of sale?

Once the actual foreclosure sale takes place they have to file a separate unlawful detainer action to evict you, and that can take another few weeks, although that's not my area of expertise.  Your question should really be directed to a real estate attorney.