How long can I stay in my home?

As per your version, that your mortgage company orally informed you that it is going to sell your property, which is only a threat and has no legal value. Before selling your mortgaged property the company has to serve you with a legal notice. You can consult with your attorney about initiating legal proceedings against the company for threatening you. At this point of time you don’t need to file any motion as there is no notice for selling your property in field.

When I get the 30 day eviction notice in the mail, what do I do next? As I stated before, I can't even get a hold of my attorney. I can't fire him and hire a new one, because the bankruptcy will be dismissed and I will have to start all over again. The attorney has caller ID and won't answer when I call. I have even gone down there unannounced and he wasn't in and his assistant could not get a hold of him. I just need to slow this down a little so we have a couple of months to find and save for an apartment.

Let me know in which State you are living so that I could find out the relevant law on the subject. You can also leave a message to your attorney that if he would not cooperate with you and would fail to perform his legal obligations you would sue him for the loss occurred to you due to his negligence and non cooperation.

We live in Nevada and thank you very much. I can't seem to get a straight answer out of anyone. So this helps me. I even called another attorney yesterday, just to find out what exactly my attorney's obligations are and they wouldn't talk to me because I already have an attorney.

I have gone through the Nevada Revised Statutes and now of firm opinion that the mortgage company has no role to play in selling of the mortgaged property (see NRS 40.430 to NRS 40.459). According to the law of the Nevada State, the creditor, i.e. your mortgage company has to go to the court for obtaining a decree for recovery in which you can defend yourself. And if, incase, the court passed a decree against you; the same would be executed through Sheriff. I don’t think that there is any decree against you and therefore the sale of your property is out of question at this time. However, after decree, if you receive any notice from the Sherriff you can contact to your attorney for filing motion in the concerned court.

Thank you so much. Finally, something to go on. I really appreciate you taking the time. I wish more people were as generous as you are. God Bless and thanks again.

Carrie