Q: If a bankrupcty filing is dismissed due to errors on paperwork is the lender required to start the foreclosure
process over again. IE resend the notice of default certified and then the notice to accelerate and sale date?
Typically yes with respect to the notice of sale.
Trustee’s and foreclosure sales happen on the first Tuesday of each month. Certain notices ordinarily required are specific to a particular sale date. Others are not.
Typically, a notice of default and a notice of acceleration would not need to be sent again. But the notice of trustee’s/foreclosure sale would ordinarily need to be resent because the sale date will most likely have changed.
Properly timed, filing bankruptcy can ordinarily delay a foreclosure sale by three months even if the debtor does not follow through with the bankruptcy.
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