Will filing Chapter 7 stop the auction of my house?

UPDATED: Jul 27, 2011

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Will filing Chapter 7 stop the auction of my house?

This house was inherited with 3 other siblings from our parents. I have lived here for the past 5 years since my parents passed away. Now the house is scheduled for auction in 6 weeks. Since I am disabled and living on a fixed income I haven’t been able to pay the taxes and haven’t gotten any help from my siblings.

Asked on July 27, 2011 Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  Although a Chapter 7 will stop a foreclosure temporarily, the bank can ask that the stay be lifted  in order to continue with the foreclosure.  In most states you have the right to stop a foreclosure "until the gavel falls" as they say at the sale.  Many states also allow a right of redemption where even after foreclosure you can redeem the house.  But not Florida.  Your situation needs a bit of clarification as to whose name the house is in and if the foreclosure is for back taxes (which I believe that it is).  You all have the same rights to the house and the same responsibilities.  I think you should seek help here.  Try legal aid or the state attorney general's office.  Good luck.

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