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If you are expecting to come up with all the funds that you are in arrears on the mortgage, or you expect to be able to sell the property in the near future, a Motion to Postpone the Sheriff Sale can be filed. This will result in a hearing before a Common Pleas Court Judge in which you or your attorney will tell the Court why you believe that it should stop the Sheriff Sale. Motion to Postpone Sheriffs Sale is done if the house is scheduled to be sold after the mortgage company has obtained a judgment.
One of the most powerful features of a Chapter 13 bankruptcy is the ability to stop a Sheriff sale and/or foreclosure of a home, or to assist people with getting caught up on their mortgage payments when they fall behind. This works by allowing the home owner to pay the arrearage (past due payments) over the course of the bankruptcy plan while they are allowed to stay in their home. Within 30 days of filing for Chapter 13, you will be required to begin making payments. I will work closely with you to negotiate a repayment plan that meets your needs.