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Foreclosure and public auction taking place next week. Can they take all of our personal possesions on day of auction?

Foreclosure and public auction taking place next week. Can they take all of our personal possesions on day of auction?

Owned our own home based business 7 years. July, 2009 I became critically ill with glaucoma and then with serious lymphoma cancer in January, 2010. Chemotherapy was given until 11-2-10 and it did major damage and I am still very ill and permanently disabled from numerous painful and debilitating illnesses. Like advanced chronic neuropathy which is getting worse daily, causing me blackouts and seizures. Have to use walker or wheelchair daily. We had to close our business Aug, 2010. Filed bankruptcy chapter 7 in Oct., 2010. Meeting of Creditors Dec. 2010. Did a voluntary repossession and returned our vehicle Jan. 2010 and have no transportation now. Bankruptcy did not discharge until July 13, 2011. We weren't notified until July 29, 2011. I get small SSI check, we get small amount of food stamps and my husband (who is also disabled) gets small $600 month paycheck to be my medical caregiver. No other income. No assets or savings left. I called mortgage co. the day I was notified of bankruptcy discharge to see if we could try for a re-modification. Have very little income but wanted to try anyway. By the way, were not able to file 2010 tax return until after bankruptcy discharged (according to IRS, it had to be included in 2010 tax filing) so we filed for an extension. Mortgage co. stated they would not accept re-modification until 2010 tax return was filed. It took almost 3 weeks due to collect all of the business data, personal data and bankruptcy data that my tax preparer needed to file the tax return. My disabilities caused numerous daily issues causing it to take longer than expected. Finally filed tax return on Aug.15, 2010 and then started the remodification papers. On that same day, August 15th, we were sent certified letter from mortgage company's lawyers that house was already listed for public auction this coming Sept. 6th, 2011 at 10 AM. I just got the remodification papers completed and sent yesterday, August 29, 2011. Tried faxing from home but numerous attempts to fax all failed. Having no transportation to get it faxed elsewhere, I paid to overnight everything to mortgage company yesterday, 8-29-11. Mortgage company (I have communicated with them almost every day since we were notified of bankruptcy discharge on 7-29-11, trying to let them know that our disabilities were causing us so many delays in finishing their paperwork as quickly as we should have. They stated that since there is now less than 7 business days left until auction, it is possible that their remodification "reviewer" will not get the papers in time to postpone auction and even if they did get the paperwork, there is no guarantee that they will grant us a postponement of the public auction anyway. If they don't postpone, we were told that on that same day of Auction on 9-6-11, (now only 6 days away), the new buyer can come immediately to our home right after the auction and take possession of all of our personal belongings. Like bed, couch, TV, clothes, etc. Basically they can take any and everything that is in the house or on the property. We were not even given 30 days notice of this action. Can they really take our possessions on same day as auction? If so, we will need to quickly move our stuff out of house and into storage. Again, we are both disabled and I am critically ill. Have no family or friends to put us up or help pack and move. Have no vehicle to live in, so we may be living under a nearby bridge for all we know at this time. Going to try to apply for section 8 housing tomorrow, 8-31-11. Please advise asap if you have anything to offer up in this terrible mess we are in due to serious illnesses. If what I've been told is true, we need to do something over the next 3-4 days before we now lose our meager possessions in addition to all of our other losses my illness has cost us. Thank you in advance for your kind consideration and possible advice. Sincerely yours, from Tomball, Texas.


jkpromos1's picture
jkpromos1
31-08-2011

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No, you cannot be evicted from your house on the same day of auction. However, if you don't vacate the house within the time limit mentioned in the formal notice, the the new buyer/owner can file a lawsuit to obtain a judgment against you. If the judgment goes in favor of the new homeowner, then the judge will set a date by which you'll have to move all your personal belongings from the property.

Anonymous | Asked on 2011-08-31

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