Posted on June 2, 2009 at 9:44 pm I overheard my next door neighbor talking about it and I am concerned that it might happen to me. How can a homeowner get evicted anyway?

Posted on June 2, 2009 at 10:10 pm If you are paying your mortgage on time or if you are renting and you haven't missed a payment.. you do not have to worry about being kicked out of your home. If you are not receiving creditor calls, you are fine too, credit card companies, I heard, can take you to court and obtain a judgment against you--if you fail to pay your debts.

Posted on June 2, 2009 at 10:15 pm Oh good to hear that. Thank you dear. Are you saying that who ever has the power to evict the homeowner or tenant--would have to go to court first before they can perform that action? Are the rules the same for homeowners and tenants? I am sorry for my questions, this is a really threatening situation. I see a lot of these things in the news too. I just want to know my rights.

Posted on June 2, 2009 at 10:29 pm Good day sir. I would just like to clarify some terminologies.Renters (of an apartment, condominium, any space, etc.) are the ones that can be evicted.Homeowners are the ones that could face a foreclosure (or the penalty/consequence imposed by the lenders on the homeowner) when he/she signed an agreement with the lenders regarding missed payments.I believe that you are talking about your neighbor's home facing foreclosure and yes if your neighbor files bankruptcy, the court would grant him/her what is called an "automatic stay" which will protect him/her from collector activities temporarily.

Posted on June 2, 2009 at 10:35 pm How about the renters or the tenants? My son is one. If his landlord want to evict him for missed payments, can filing bankruptcy save him?

Posted on June 2, 2009 at 10:47 pm Filing bankruptcy is tedious and expensive sir. If his landlord wants to evict him because of missed payments, I think that he really should just pay them off--first, he should speak with the landlord and convey his honest desire to pay up--anyway he could. Work out an agreement or something.If the landlord wants to evict him because of damages to the property or because of scandalous acts (drunken parties, drugs, etc.) and it is on the contract that your son signed...then I think that he should just find another place to stay.Before this eviction issue even go to the bankruptcy court, it would have to go through a state court eviction proceeding first, I think. I am no lawyer. I just hear a lot of these stories from way back.

Posted on June 2, 2009 at 11:35 pm It used to be that consumers file bankruptcy to buy a little more time to work out an agreement with their landlords or to find a new place to move into. But since the new Bankruptcy Abuse Prevention Consumer Protection Act of 2005, what used to be the savior of the consumers/renters/tenants, who are facing eviction from their landlords, became more like a punishment. The new provisions force the consumers to pay what they owe. Although the provisions are limited to cases in which the the consumers have lost to a court eviction proceeding and/or are facing judgment.If for example you are facing judgment and filed bankruptcy--the automatic stay would not be able to protect you if you were not able to satisfy one of the provisions, which is to pay the bankruptcy clerk your one month's rent (upon filing bankruptcy) plus you have to file what is called a certification under penalty of perjury.If you are able to comply with those two requirements: pay the rent and file the certification, on the day you file bankruptcy--the court will give you a 30-day protection. Meaning you can stay in the apartment for that period of time.

Posted on June 2, 2009 at 11:39 pm Interesting and...really tedious. Just to stay in the apartment, you have to do all those? I wonder what sort of an apartment it is that one would want to save it.Anyway, what if the tenant wishes to stay longer than that 30 days?

Posted on June 2, 2009 at 11:54 pm I think this is where the relationship of the landlord and the tenant would come in. When the issue is not about money anymore. If it is about preferences and/or prejudices. Landlords can find ways to evict you if they don't like you. I think one of my friends before, although he filed bankruptcy and has obtained that automatic stay, got evicted still because the landlord told the court that my friend was a drug addict. Which he was.

Posted on June 3, 2009 at 12:36 am This is actually a topic that a lawyer should answer, which I am not,  however I would try to answer this to the best of my knowledge. If the consumer is interested in extending that 30 day period that the court has granted--he/she should comply with that new bankruptcy provision of satisfying the debt in full (from the judgment) within 30 days following the bankruptcy filing. Within that 30 days, he/she should also file a certification that he/she has actually paid in full. Again, it is best to consult with a lawyer regarding this matter.