1. Foreclosure Auction Delayed by Repeated Chapter 13 Suggestions With No PACER Case

Member since 2024 · 9 posts · 3 votes

9mo

The act of simply applying for Chapter 13 is what stays the foreclosure. It resets the clock pretty much. Very few people know this, but maybe the the previous homeowner here does.

When you say you've purchased the property, do you mean you've won at auction, or you've gone to closing and paid the entirety of what you bid?

1 Reply

Vlad Vanziak
OP
Member since 2025 · 11 posts · 1 vote
9mo
@Robert Glover

Thanks for clarifying. Yes, by “purchased” I mean that I won the foreclosure auction, paid the full bid amount, and received the Certificate of Sale. The only thing missing at this point is the Certificate of Title.

And I think you may be right about the Chapter 13 strategy. The first foreclosure sale was scheduled for August, and the homeowner filed Chapter 13 shortly before that sale, which caused it to be postponed. Then the sale was rescheduled for October, and the homeowner filed Chapter 13 again about 30 minutes after the auction ended.

At this point, it has been 45 days since the auction, and everything is paused. I was not aware before that simply filing Chapter 13 effectively resets the clock, so I’m trying to understand what options a third-party purchaser has in this situation, especially when the filing happens after the sale and I had no prior notice.
0 Reply
Robert Glover
Member since 2024 · 9 posts · 3 votes
9mo
@Vlad Vanziak have you attempted to speak with the previous owner? They won't be able to attempt this strategy again. The clerk will block it or redirect them to pursue the classes, hire an attorney, etc. (the actual steps to going through with bankruptcy). If you're not adverse to it, I'd just go knock on the door or leave a note. Present yourself like the mortgage company/auctioneers/whoever is the bad guy and you two are stuck in an odd situation. They may lie to you, but it should provide you with a lot more context and direction then what it sounds like you've been given thus far.
0 Reply
Vlad Vanziak
OP
Member since 2025 · 11 posts · 1 vote
9mo
@Robert Glover

Thanks for the suggestion. I’m just trying to better understand the practical benefit of that approach.

From my perspective, I’m essentially the third-party purchaser who acquired the property through a foreclosure process, which already puts me in the position of someone they may view as “taking” the property from them. Because of that, I’m not entirely sure what kind of productive conversation I could realistically have with the prior owner.

What specific information or outcome would you expect to come from speaking with them directly? And how would that typically help move the situation forward for the purchaser in a case like this?
0 Reply
Robert Glover
Member since 2024 · 9 posts · 3 votes
9mo
@Vlad Vanziak what is the outcome you are looking for? I imagine you want them out of the property so you can go about your business.

I'm making assumptions based on experience, but it's highly likely the previous homeowner is aware what they're doing isn't a permanent solution. It's a form of Imposter Syndrome if you really want to dig into it.

If you stop seeing yourself as how you described in your last response, apply a dash of empathy, there's a possibility that you can be seen as a solution. They're not naive. Theyre probably checking the blinds every hour on the hour, waiting for you or the sheriff to arrive, so you're already seen as an authority figure. Your presence would offer a giant relief.

Just go there and say, "Hey! Those crooks sold me this property and you're still here! Can you believe that?" Play the victim with them, and once you have rapport established I'm sure they'll tell you their life story. You can affirm them of their troubles and then, as a friend, deliver the hard truth that it's curtain call and they've got to go.
0 Reply

Chris SeveneyBusiness Member

Moderator

Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes

9mo

Quote from @Vlad Vanziak:

Hi everyone,

I’m dealing with a foreclosure-related situation in Lee County, Florida, and I would appreciate any insight from those who have experience with similar cases.

I purchased a property at a foreclosure auction. The auction was completed, and later the same day, a Suggestion of Bankruptcy (Chapter 13) was filed in the foreclosure case. Based on the timeline, the filing appears to have occurred approximately 30 minutes after the auction concluded, although the document itself reflects a filing date of one day earlier.

As of today, 45 days have passed since the auction, and I have not received the Certificate of Title. I have checked PACER repeatedly, and I am unable to locate any active or pending Chapter 13 bankruptcy case associated with the defendant. I also contacted a Chapter 13 bankruptcy attorney, and no confirmed filing could be identified.

I spoke with the plaintiff’s attorney, who indicated they are “waiting for documentation,” but it is unclear what specific documentation is being awaited, as no bankruptcy case number has been provided.

I should also note that this is the second time this has occurred in this foreclosure matter. The original auction was scheduled for August 14, and at that time a Suggestion of Bankruptcy (Chapter 13) was also filed by the defendant, which resulted in the auction being postponed. However, no corresponding bankruptcy case ever appeared in PACER after that filing either.

Now, following the rescheduled auction, the same scenario has occurred again — another Suggestion of Bankruptcy was filed, yet no Chapter 13 case can be located in PACER.

My questions are:

• How long can a situation like this realistically delay the issuance of the Certificate of Title?

• Is it standard practice to wait indefinitely for confirmation of a bankruptcy filing when no federal case appears in PACER?

• At what point should the court either proceed with issuing the Certificate of Title or return the purchaser’s funds if no bankruptcy case exists?

I am not trying to rush improperly or violate any automatic stay. I am simply trying to understand what practical steps a purchaser can take to either move the process forward or recover funds when repeated bankruptcy suggestions are filed without any identifiable federal bankruptcy case.

Any insight or shared experience would be greatly appreciated.

Who is your attorney? A foreclosure should not be cancelled due to a "suggestion of bankruptcy". Also if the borrower filed, it would show up in PACER.

You need to get an attorney, and if you have one, a much better one.

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0 Reply

Vlad Vanziak
OP
Member since 2025 · 11 posts · 1 vote
9mo
@Chris Seveney i don't have my personal attorney, i. spoke with Lienholder attorney . They said - they waiting for some paperwork.
0 Reply
Vlad Vanziak
OP
Member since 2025 · 11 posts · 1 vote
9mo
@Chris Seveney foreclosure was not canecele , it is stuck ... there is no certificate of title - no cancellation.

0 Reply
Ken M.
Investor · Get yourself trained before doing something inadvisable. · Member since 2024 · 3k+ posts · 1k+ votes
9mo
Quote from @Vlad Vanziak:

@Chris Seveney i don't have my personal attorney, i. spoke with Lienholder attorney . They said - they waiting for some paperwork.
Never rely on the opposing attorney's opinion.
2 Reply
Vlad Vanziak
OP
Member since 2025 · 11 posts · 1 vote
9mo
@Ken M. thank you for advice, will use it
0 Reply

John Clark

Member since 2018 · 1k+ posts · 1k+ votes

9mo

Quote from @Vlad Vanziak:

Hi everyone,

I’m dealing with a foreclosure-related situation in Lee County, Florida, and I would appreciate any insight from those who have experience with similar cases.

I purchased a property at a foreclosure auction. The auction was completed, and later the same day, a Suggestion of Bankruptcy (Chapter 13) was filed in the foreclosure case. Based on the timeline, the filing appears to have occurred approximately 30 minutes after the auction concluded, although the document itself reflects a filing date of one day earlier.

As of today, 45 days have passed since the auction, and I have not received the Certificate of Title. I have checked PACER repeatedly, and I am unable to locate any active or pending Chapter 13 bankruptcy case associated with the defendant. I also contacted a Chapter 13 bankruptcy attorney, and no confirmed filing could be identified.

I spoke with the plaintiff’s attorney, who indicated they are “waiting for documentation,” but it is unclear what specific documentation is being awaited, as no bankruptcy case number has been provided.

I should also note that this is the second time this has occurred in this foreclosure matter. The original auction was scheduled for August 14, and at that time a Suggestion of Bankruptcy (Chapter 13) was also filed by the defendant, which resulted in the auction being postponed. However, no corresponding bankruptcy case ever appeared in PACER after that filing either.

Now, following the rescheduled auction, the same scenario has occurred again — another Suggestion of Bankruptcy was filed, yet no Chapter 13 case can be located in PACER.

My questions are:

• How long can a situation like this realistically delay the issuance of the Certificate of Title?

• Is it standard practice to wait indefinitely for confirmation of a bankruptcy filing when no federal case appears in PACER?

• At what point should the court either proceed with issuing the Certificate of Title or return the purchaser’s funds if no bankruptcy case exists?

I am not trying to rush improperly or violate any automatic stay. I am simply trying to understand what practical steps a purchaser can take to either move the process forward or recover funds when repeated bankruptcy suggestions are filed without any identifiable federal bankruptcy case.

Any insight or shared experience would be greatly appreciated.

Make copies of both the August and current suggestions of bankruptcy, and take them to the Clerk of the Bankruptcy Court. Ask the clerk for help in tracking down the alleged cases. If a chapter 13 trustee is mentioned in the suggestion filing, contact that person(s) as well.

Bankruptcy is an equitable proceeding, so abuse of the process can lead to dismissal of bankruptcy cases or other consequences.

0 Reply

Don KonipolBusiness Member

Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes

9mo

Quote from @Vlad Vanziak:

Hi everyone,

I’m dealing with a foreclosure-related situation in Lee County, Florida, and I would appreciate any insight from those who have experience with similar cases.

I purchased a property at a foreclosure auction. The auction was completed, and later the same day, a Suggestion of Bankruptcy (Chapter 13) was filed in the foreclosure case. Based on the timeline, the filing appears to have occurred approximately 30 minutes after the auction concluded, although the document itself reflects a filing date of one day earlier.

As of today, 45 days have passed since the auction, and I have not received the Certificate of Title. I have checked PACER repeatedly, and I am unable to locate any active or pending Chapter 13 bankruptcy case associated with the defendant. I also contacted a Chapter 13 bankruptcy attorney, and no confirmed filing could be identified.

I spoke with the plaintiff’s attorney, who indicated they are “waiting for documentation,” but it is unclear what specific documentation is being awaited, as no bankruptcy case number has been provided.

I should also note that this is the second time this has occurred in this foreclosure matter. The original auction was scheduled for August 14, and at that time a Suggestion of Bankruptcy (Chapter 13) was also filed by the defendant, which resulted in the auction being postponed. However, no corresponding bankruptcy case ever appeared in PACER after that filing either.

Now, following the rescheduled auction, the same scenario has occurred again — another Suggestion of Bankruptcy was filed, yet no Chapter 13 case can be located in PACER.

My questions are:

• How long can a situation like this realistically delay the issuance of the Certificate of Title?

• Is it standard practice to wait indefinitely for confirmation of a bankruptcy filing when no federal case appears in PACER?

• At what point should the court either proceed with issuing the Certificate of Title or return the purchaser’s funds if no bankruptcy case exists?

I am not trying to rush improperly or violate any automatic stay. I am simply trying to understand what practical steps a purchaser can take to either move the process forward or recover funds when repeated bankruptcy suggestions are filed without any identifiable federal bankruptcy case.

Any insight or shared experience would be greatly appreciated.

I’m surprised this wasn’t previously mentioned. You should take no advice on this matter from this or any on line forum. You need competent legal counsel. SPECIFIC to your situation.

Private Mortgage Financing Partners, LLC

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1 Reply

Fernando AlonsoPro Member

Investor · Miami, FL · Member since 2025 · 33 posts · 29 votes

9mo

Vlad, this situation comes up more often than people realize in Florida foreclosures, and the key point is that a Suggestion of Bankruptcy by itself does not create an automatic stay. The stay only exists if a bankruptcy case is actually filed with the federal bankruptcy court. If there is no case number, no petition, and nothing verifiable in PACER, then legally there is no bankruptcy protecting the defendant, regardless of what gets filed in state court.

From a timing perspective, if the auction was completed and then a bankruptcy was allegedly filed afterward, the sale is generally valid. Courts may pause issuing the Certificate of Title out of caution, but they are not supposed to wait indefinitely when no proof of a bankruptcy exists. Forty-five days after sale, with no identifiable Chapter 13 case and no case number provided, is already beyond what would normally be considered a routine delay.

What really stands out here is the pattern. This is the second time a Suggestion of Bankruptcy has been filed in this same case, and in both instances no bankruptcy ever appeared in PACER. Judges tend to lose patience with repeat unsupported filings because they look like delay tactics rather than a real attempt to reorganize under Chapter 13.

In practice, one of two things usually happens next: either the plaintiff forces the issue by asking the court to proceed due to the lack of any actual bankruptcy filing, or the court eventually orders the sale to move forward or the funds to be returned. You’re not trying to violate a stay or rush anything improperly; you’re simply entitled to clarity and not to have your money tied up indefinitely based on a bankruptcy that doesn’t seem to exist.

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1. Foreclosure Auction Delayed by Repeated Chapter 13 Suggestions With No PACER Case

1. Foreclosure Auction Delayed by Repeated Chapter 13 Suggestions With No PACER Case

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